The
contents of the 21orover Internet service ("the Service")
are intended for the personal, noncommercial use of its users. All
materials published on the Site (including, but not limited to news
articles, photographs, images, illustrations, audio clips and video
clips (collectively, the "Content") are protected by copyright,
trademark and all other applicable intellectual property laws, and
are owned or controlled by 21orover Enterprises International, Inc.
or the party credited as the provider of such Content, software
or other materials. You shall abide by copyright or other notices,
information and restrictions appearing in conjunction with any Content
accessed through the Service.
The Service is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws. Except as set forth in Section 1 of these
Terms of Service, you may not modify, adapt, translate, exhibit,
publish, transmit, participate in the transfer or sale of, create
derivative works from, distribute, perform, display, reverse engineer,
decompile or dissemble, or in any way exploit, any of the Content,
software, materials or Service in whole or in part.
You may download or copy the Content and other downloadable items
displayed on this Service for personal, noncommercial use only,
provided that you maintain all copyright and other notices contained
in such Content. Copying or storing of any Content for other than
personal, noncommercial use is expressly prohibited without the
prior written permission from the Rights and Permissions Department,
or the copyright holder identified in the individual Content’s
proprietary rights notices.
You agree that any information, feedback, questions, comments and/or
submissions to any of the Public Forums (as discussed below) or
the like that you provide to us in connection with this Site or
our Services ("Submissions") will be deemed to be provided
to us on a non-confidential and non-proprietary basis and will become
and remain our property. We shall have no obligations of any kind
with respect to any Submissions and shall be free to reproduce,
use, disclose and/or distribute any Submissions for any purpose
whatsoever, without limitation. You also agree that we shall be
free to use any ideas, concepts or techniques embodied in the Submissions
for any purpose whatsoever, including, but not limited to, developing,
manufacturing, and marketing products or services incorporating
such ideas, concepts, or techniques. In addition, you hereby waive
all moral rights you may have in any materials uploaded by you.
If you believe that the content of any Submission provided by you
has been used on the Site in a manner that constitutes copyright
infringement, please provide our Copyright Agent with a written
notice (email is sufficient) that includes the following information:
an electronic or physical signature of a person authorized to act
on behalf of the owner of the exclusive right that is allegedly
infringed; identification of the copyrighted work claimed to have
been infringed; a description of where the material that you claim
is infringing is located on the Site; your address, telephone number,
and e-mail address; a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and a statement by you, under penalty
of perjury, that the information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
2. FORUMS AND DIRECTORY
This
Site makes available chat rooms, forums, message boards, and/or
news groups to its users ("Public Forum(s)"). You shall
not upload to, or distribute or otherwise publish through the Service
any content which is libelous, defamatory, obscene, pornographic,
profane, sexually explicit, abusive or which otherwise violates
any law, rule or regulation. Please use your best judgment and be
respectful of other individuals using the Public Forums. You agree
not to use vulgar, abusive or hateful language. Public Forums within
the Site and the Services available therein are provided to give
our users an interesting and stimulating forum in which they may
express opinions and share ideas. 21orover does not endorse the
opinions placed on these Public Forums. You acknowledge that any
Submissions (e.g. Letter to the Editor, Review or Commentary) may
be reproduced, published, transmitted and displayed by 21orover
in any manner, pursuant to Section 1.4, above.
The Public Forums shall be used only in a noncommercial manner.
You shall not, without the express approval of 21orover, use the
Public Forums to distribute or otherwise publish any material containing
any solicitation of funds, advertising or solicitation for goods
or services, or to promote Web sites or online services that are
competitive with 21orover and the Service. You agree that you will
not submit any ideas for stories, features, designs, scripts, merchandise
or publication of any type.
While we do not and cannot review every message posted by users
in the Public Forums and are not responsible for the content of
any of these messages, 21orover reserves the right to delete, move
or edit messages that we, in our sole discretion, deem are in violation
of the law (including trademark and copyright law), or these Terms
of Service, or are abusive, defamatory, obscene or otherwise unacceptable.
You shall remain solely responsible for the content of your messages.
3.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The
Site contains links to other related World Wide Web Internet sites,
resources and sponsors of 21orover. Selection of an ad banner or
link will redirect you off of the Site to a third party Web site.
Interactions that occur between you and the third party are strictly
between the you and such third party and are not the responsibility
of 21orover. We are not responsible for examining or evaluating,
and do not warrant the offerings of, any of these businesses or
individuals or the content of their Web sites. 21orover does not
assume any liability or responsibility for the actions, product,
availability or content of these outside resources. You should direct
any concerns regarding any external link to the site administrator
or Webmaster of the third party Web site.
4.
REPRESENTATIONS AND WARRANTIES
You
represent, warrant and covenant (a) that no materials of any kind
submitted by you or 21orover’s use thereof in accordance with
the terms and conditions of these Terms of Service, will (i) violate,
plagiarize or infringe upon the rights of any third party, including,
without limitation, copyright, trademark, privacy or publicity,
moral rights, contract or other personal or proprietary rights;
(ii) contain unlawful material; (iii) constitute false or misleading
indications of origin or statements of fact; (iv) slander, libel
or defame any person or entity; or (v) cause injury of any kind
to any person or entity; or (vi) violate any applicable laws, rules,
regulations or other governmental regulations; and (b) that you
are at least 18 years old. You hereby indemnify, defend and hold
21orover and its officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") harmless from and against any and
all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these Terms of
Service or the foregoing representations, warranties and covenants,
including, without limitation, reasonable attorneys’ fees.
You shall cooperate as fully as reasonably
required in the defense of any claim. 21orover reserves the right,
at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you. You shall
not enter into any settlement agreement which affects the rights
of 21orover without 21orover’s prior written approval.
21orover neither represents nor endorses the accuracy or reliability
of any advice, opinion, statement or other information displayed,
uploaded, or distributed through the Service by any user, information
provider or any other person or entity. THE SITE, THE SERVICE, THE
ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY 21orover
OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS
IS." 21orover MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE,
NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR
REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM,
INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS
OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. 21orover DOES NOT
GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES
AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
You hereby acknowledge that the use of the Site and the Services
available therein is at your sole risk.
5. LIMITATION OF LIABILITY
21orover SHALL NOT BE RESPONSIBLE TO YOU OR ANY
THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH
USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS
PROVIDED BY 21orover OR THIRD PARTIES THROUGH THE SERVICE, OR ANY
DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS,
DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS
OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF 21orover
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some
jurisdictions may not allow the exclusion or limitation of incidental
or consequential damages, so the above exclusions shall only apply
to the extent permissible under applicable law.
To the fullest extent permissible under applicable law, 21orover’s
aggregate liability, and the aggregate liability of our licensors,
to you or any third parties in any circumstance is limited to One
Hundred U.S. Dollars ($100).
6. SOFTWARE LICENSES
You acknowledge and agree that you shall have no
rights to the proprietary software and/or any related documentation,
enhancements or modifications thereto, provided to you to access
the Service ("Access Software"). You may not sublicense,
assign or transfer any licenses granted to you by 21orover, and
any attempt at such sublicense, assignment or transfer is void.
You may make one (1) copy of such software for archival purposes
only. You may not copy, distribute, modify, reverse, engineer or
create derivative works from the Access Software.
7. SYSTEM INTEGRITY
You may not use any device, software or routine
to interfere or attempt to interfere with the proper working of
the Site or any transaction conducted on the Site. You may not take
any action which imposes an unreasonable or disproportionately large
load on our infrastructure. You may not disclose or share your password
with any third parties or use your password for any unauthorized
service.
8. TERMINATION
21orover may, in its sole discretion, terminate
or suspend your access or refuse service at any time, without notice,
to all or part of the Service for any or no reason, including, without
limitation, breach of these Terms of Service or the repeated infringement
of copyrights owned by third parties.
21orover, including, without limitation, its authorized agents and
employees may terminate your use of the Site without notice in the
event that you breach any obligation in these Terms of Service,
including but not limited to, (i) restricting, inhibiting or disrupting
any 21orover event or (ii) attempting to alter or improperly access
any feature or function of the Site. Your access may also be subject
to termination if you post or transmit any illegal content; harass
or threaten any user of the Site or 21orover employee; post content
(including, but not limited to, the creation of usernames) that
is offensive or otherwise disruptive of Site activities; post unsolicited
advertising; or improperly impersonate a 21orover employee or other
individual.
9. RISK OF LOSS
All items purchased from the Site are made pursuant
to a shipment contract. This means that the risk of loss and title
for such items passes to you upon our delivery to the carrier.
10. PRODUCT DESCRIPTIONS
21orover and its affiliates attempt to describe
all of the products on the Site as accurately as possible. However,
21orover does not warrant that product descriptions or other Content
of this Site is accurate, complete, reliable, current or error-free.
If a product offered on our Site itself is not as described, your
sole remedy is to return it in unused condition.
11. MISCELLANEOUS
This Agreement has been made in and shall be construed
and enforced in accordance with Illinois law without regard to any
conflict of law provisions. 21orover makes no representation that
the Content in this Site is appropriate for access outside of the
United States. Those who choose to access this Site from outside
the United States do so on their own initiative and are responsible
for compliance with local laws. You agree that any action to enforce
this agreement shall be brought in the federal or state courts located
in Chicago, Illinois.
Official correspondence must be sent via postal mail to:
21orover.com, Inc.
Avenida Presidente Masaryk 410 Colonia
Mexico City, DF 3445
MX
These Terms of Service, the Privacy Statement and any other terms
referenced in this Agreement constitute the entire agreement between
you and 21orover with respect to your access and use of the Site
and Services and supercede all prior or contemporaneous agreements
(whether oral, written or electronic) between you and 21orover with
respect to this Site or Services. If any of the provisions of this
Agreement are determined to be invalid or unenforceable, then each
invalid or enforceable provision will be construed in a manner consistent
with applicable laws to reflect, as nearly as possible, the original
intentions of the parties, and the remaining provisions shall remain
in full force and effect. 21orover may assign these Terms of Service
(i) to any of its affiliates, (ii) to the surviving entity in the
event of a merger, acquisition, or the sale of all or substantially
all of the assets of 21orover or (iii) in connection with the sale
of this Site or the business unit associated with this Site.