Terms of Use
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and Allan Aguas Consulting (“we,” “us” or “our”), concerning your access to and use of the ALLANAGUAS.COM website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms of Use. If you do not agree with
all of these Terms of Use, then you are expressly prohibited from using
the Site and you must discontinue use immediately.
Supplemental Terms of Use or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right to receive specific
notice of each such change.
It is your responsibility to periodically review these Terms of Use
to stay informed of updates. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the date
such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country.
Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
These Terms of Use were generated using Termly’s Terms and Conditions Generator.
Option 1: The Site is
intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to register for the Site.
Option 2: [The Site is
intended for users who are at least 13 years of age.] All users who are
minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by,
their parent or guardian to use the Site. If you are a minor, you must
have your parent or guardian read and agree to these Terms of Use prior
to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively,
the “Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content and
the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
[(1) all registration information you
submit will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update such
registration information as necessary;]
(3) you have the legal capacity and you agree to comply with these Terms of Use;
[(4) you are not under the age of 13;]
(5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site];
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the Site.
use the Site to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the
Site and/or the Content contained therein.
engage in unauthorized framing of or linking to the Site.
trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the Site in order to harass, abuse, or harm another person.
use the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching
any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
use the Site in a manner inconsistent with any applicable laws or regulations.
[other]
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us,
the Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
you have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against
another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or exploits people
under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law
concerning child pornography, or otherwise intended to protect the
health or well-being of minors;
your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any applicable
law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or
suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts],
you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorize sub licenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
GUIDELINES
FOR REVIEWS
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you must comply with the following
criteria:
(1) you should have firsthand experience with the
person/entity being reviewed;
(2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability;
(4) your reviews should not contain references to
illegal activity;
(5) you should not be affiliated with competitors
if posting negative reviews;
(6) you should not make any conclusions as to the
legality of conduct;
(7) you may not post any false or misleading
statements;
(8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our
sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners.
We do not assume liability for any review or for
any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sub licensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
MOBILE
APPLICATION LICENSE
Use License
If you access the Site via a mobile application,
then we grant you a revocable, non-exclusive, non-transferable, limited right
to install and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the Terms of Use of this mobile application
license contained in these Terms of Use.
You shall not:
(1) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary
notice (including any notice of copyright or trademark) posted by us or the
licensors of the application;
(5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed
or intended;
(6) make the application available over a network
or other environment permitting access or use by multiple devices or users at
the same time;
(7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application;
(8) use the application to send automated queries
to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site:
(1) the license granted to you for our mobile
application is limited to a non-transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s Terms of Use;
(2) we are responsible for providing any
maintenance and support services with respect to the mobile application as
specified in the Terms of Use of this mobile application license contained in
these Terms of Use or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile
application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application;
(4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted
parties;
(5) you must comply with applicable third-party
terms of agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the mobile application;
6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the Terms of Use in this mobile
application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the Terms of Use in this mobile application license contained in
these Terms of Use against you as a third-party beneficiary thereof.
SOCIAL
MEDIA
As part of the functionality of the Site, you may
link your account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by either: (1) providing
your Third-Party Account login information through the Site; or (2) allowing us
to access your Third-Party Account, as is permitted under the applicable Terms
of Use that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any of the Terms
of Use that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on
and through the Site via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account.
Depending on the Third-Party Accounts you choose
and subject to the privacy settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the
ability to disable the connection between your account on the Site and your
Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Site.
You can deactivate the connection between the Site
and your Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and profile picture that become
associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with
you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY
WEBSITES AND CONTENT
The Site may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms of Use
no longer govern.
You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party.
You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
ADVERTISERS
We allow advertisers to display their
advertisements and other information in certain areas of the Site, such as
sidebar advertisements or banner advertisements. If you are an advertiser, you
shall take full responsibility for any advertisements you place on the Site and
any services provided on the Site or products sold through those
advertisements.
Further, as an advertiser, you warrant and
represent that you possess all rights and authority to place advertisements on
the Site, including, but not limited to, intellectual property rights,
publicity rights, and contractual rights.
[As an advertiser, you agree that such
advertisements are subject to our Digital Millennium Copyright Act (“DMCA”)
Notice and Policy provisions as described below, and you understand and agree
there will be no refund or other compensation for DMCA takedown-related
issues.] We simply provide the space to place such advertisements, and we have
no other relationship with advertisers.
SITE
MANAGEMENT
We reserve the right, but not the obligation,
to:
(1) monitor the Site for violations of these Terms
of Use;
(2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof;
(4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way burdensome
to our systems;
(5) otherwise manage the Site in a manner designed
to protect our rights and property and to facilitate the proper functioning of
the Site.