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The content of the Site is intended for the personal, noncommercial use of our users. The Site is a website of ADICTIVO, INC., Inc. ("ADICTIVO"). All right, title and interest to the content displayed on the Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of ADICTIVO, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
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Changes To This Agreement
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Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store, for personal use only, content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Adictivo Magazine Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of ADICTIVO or the copyright holder identified in the relevant copyright notice.
You agree not to modify Adictivo Magazine Services in any manner or form, or to use modified versions of Adictivo Magazine Services, including (without limitation) for the purpose of obtaining unauthorized access to Adictivo Magazine Services or portions of Adictivo Magazine Services. You agree not to access Adictivo Magazine Services by any means other than through the interface that is provided by ADICTIVO for use in accessingAdictivo Magazine Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of ADICTIVO's content or under any third party's content. Any rights not expressly granted herein are reserved.
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Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to ADICTIVO through Adictivo Magazine Services (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission, you hereby grant ADICTIVO and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, redistribute to any other website (for example, the Círculo Creativo website www.circulocreativo.org), copy or otherwise distribute, perform, publicly perform and display your Submission of such content or any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of Adictivo Magazine Services and the Site a non-exclusive license to access your Submission through the Site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by ADICTIVO's on the Site and/or in this Agreement. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
By making a Submission, you waive the right to make any claim against ADICTIVO or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, talent fees, and any other license or rights fees, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for ADICTIVO or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of Adictivo Magazine Services in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize ADICTIVO to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
ADICTIVO does not and cannot review all Submissions posted to or created by users accessing Adictivo Magazine Services, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through Adictivo Magazine Services, ADICTIVO is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. ADICTIVO and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate content. ADICTIVO and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, ADICTIVO reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to ADICTIVO in its sole discretion.
You agree not to use the Site to:
- Post any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including a ADICTIVO agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by ADICTIVO for such purpose;
- Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt Adictivo Magazine Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Links to Other Web Sites
A central part of Adictivo Magazine Services includes links to other World Wide Web sites or resources. Because ADICTIVO has no control over such sites and resources, you acknowledge and agree that ADICTIVO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ADICTIVO shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which ADICTIVO has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Except as otherwise expressly agreed by ADICTIVO, your dealings with advertisers and third party vendors found on or through Adictivo Magazine Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between the third party and you. ADICTIVO does not make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that ADICTIVO will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which ADICTIVO has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To Adictivo Magazine Services
ADICTIVO reserves the right at any time and from time to time to modify, suspend, discontinue or terminate Adictivo Magazine Services (or any part thereof) with or without notice for any reason. You agree that ADICTIVO will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of Adictivo Magazine Services.
Termination of Your Access to Adictivo Magazine Services
You agree that ADICTIVO, in its sole discretion, may terminate your access to any of Adictivo Magazine Services, and/or remove, discard or modify any Submission or content within Adictivo Magazine Services, for any reason, including, without limitation, for lack of use or if ADICTIVO believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to Adictivo Magazine Services may be effected without prior notice, and acknowledge and agree that ADICTIVO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Adictivo Magazine Services. If you use the Site in violation of this Agreement, ADICTIVO may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that ADICTIVO shall not be liable to you or any third party for the discontinuation or termination of your access to Adictivo Magazine Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING ADICTIVO MAGAZINE SERVICES YOU UNDERSTAND AND AGREE THAT:
- ANY VIEWS OR OPINIONS EXPRESSED IN INTERVIEWS OR COMMENTARY ARE THOSE OF THE INDIVIDUALS SPEAKING AND DO NOT NECESSARILY REPRESENT THE VIEWS OR OPINIONS OF ADICTIVO, ITS PARENT, OR ANY OF ITS AFFILIATES OR EMPLOYEES.
- NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. ADICTIVO AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
- YOUR USE OF ADICTIVO MAGAZINE SERVICES IS AT YOUR SOLE RISK. ADICTIVO MAGAZINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADICTIVO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- ADICTIVO MAKES NO REPRESENTATION OR WARRANTY THAT ADICTIVO MAGAZINE SERVICES WILL MEET YOUR REQUIREMENTS, THAT ADICTIVO MAGAZINE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ADICTIVO MAGAZINE SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH ADICTIVO MAGAZINE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF ADICTIVO MAGAZINE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM ADICTIVO MAGAZINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
- YOUR USE OF ADICTIVO MAGAZINE SERVICES IS ALSO SUBJECT TO THE FOLLOWING FINANCIAL DISCLAIMER: DATA AND INFORMATION PROVIDED MAY BE DELAYED. DATA AND INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING PURPOSES. NEITHER THE ADICTIVO MAGAZINE WEBSITE NOR ADICTIVO, INC. NOR ANY OF THEIR DATA OR INFORMATION PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE DATA OR INFORMATION, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. WE DO NOT GUARANTEE THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY FINANCIAL DATA OR INFORMATION. YOU AGREE NOT TO REDISTRIBUTE THE DATA OR INFORMATION FOUND HEREIN.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT ADICTIVO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, ADICTIVO MAGAZINE SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR ADICTIVO MAGAZINE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL ADICTIVO'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of ADICTIVO
You agree to defend, indemnify and hold ADICTIVO, its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Submission or other content you submit or that is submitted from your account, (b) your use of or reliance on Adictivo Magazine Services, (c) your connection to the Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices posted here.
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the legal relations thus created between ADICTIVO and you (including, without limitation, any dispute between ADICTIVO and you arising out of or related to this Agreement) shall be governed by and construed under and in accordance with the internal laws of the State of Texas without reference to its principles of conflicts of laws. Any such dispute will be heard and determined at ADICTIVO's discretion in the appropriate federal court located in the State of Texas in the County of Harris or the appropriate Texas state court located in the County of Harris, and you submit yourself and your property to the non-exclusive jurisdiction of the foregoing courts with respect to such disputes. You acknowledge that Adictivo, Inc., ADICTIVO's parent company, is headquartered in the City of Houston and for that and other reasons this Agreement and the undertakings of the parties hereunder bear a reasonable relation to the State of Texas. You (i) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of inconvenient forum or otherwise as regards any dispute between ADICTIVO and you arising out of or related to this Agreement, (ii) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the courts referred to above as regards any dispute between ADICTIVO and you arising out of or related to this Agreement and (iii) agree that a judgment or order of any court referred to above in connection with any dispute between ADICTIVO and you arising out of or related to this Agreement is conclusive and binding on you and may be enforced against you in the courts of any other jurisdiction.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Adictivo
You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ADICTIVO to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or the Site, you may contact a representative of ADICTIVO at AdictivoEditor@AdictivoMagazine.com or by mail at:
Adictivo, Inc., 21175 State Highway 249, Suite 298, Houston, Texas 77070-1655 Attention: Legal Department
Effective date: January 30, 2012.
Copyright © 2010-2012 Adictivo, Inc. All rigths reserved.