Terms of Services
Effective Date: Dec 19, 2011
By accessing, using any functionality on this website (“the site”), you, the user of this site, enters into the following agreement with Turn Intermedia (“TI”, “we” or “us”, “ourselves”).
We offer this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the “Website”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your continued use of the Website constitutes your agreement to all such terms, conditions and notices.
As a condition to your continued use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.
- No Warranties USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Neither we nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of us.
- Exclusion of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Featured Links and Linking The Website may contain hyperlinks to websites offered by parties other than ourselves. Such hyperlinks are provided for your reference only. We do not control such other websites and are not responsible for their content; nor do the inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators.
Unless you are subsequently advised otherwise by us, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. We reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 30 days. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.
- Copyright Except for material in the public domain under Costa Rican copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by Costa Rican and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner.
You may make single copies of materials displayed on the Website, but not source codes, for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from us, or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to: firstname.lastname@example.org
- Source code You agree not to view the source code or to disassemble any code in the Website.
- Using our name on your own site This includes, but is not limited to, using our web site’s name, company name or logo on your own Internet web site’s meta tags, content or source code to confuse or to divert users to your own web site based on our reputation and name, or to display your web site on search engines when users are doing a search for our site or company.
You agree that we may request your web site to be removed immediately and without notice from any directory or search engine if you have used our web site’s name, company name or logo on your own site without our written permission.
- Malicious intent and compensation for damages to our business If you are viewing or retrieving any part of our site with malicious intent, or if you intend on using any code or content to criticise our business in any way to any third party, or to hamper, cause damage or to attempt to stop the business from running in it’s normal day to day dealings, you agree that you will fully compensate us any revenue that has been lost as a result from such action, and that you will pay the maximum interest allowed by law. You further agree to pay all the legal and investigative costs arising from any action that will be taken.
By viewing this site, you agree that we have been given your full permission to retrieve your details from any other party without the requirement for any legal documents or formalities, and that if it is suspected that your intent is to cause harm to our business, that any terms and conditions applied by any third party to protect your identity or privacy, will immediately become null and void.
- Public Posting Area You agree not to use the Website to send or submit for public posting any libelous, slanderous, defamatory, abusive, obscene, profane, sexually explicit, threatening, harmful or illegal material, material containing blatant expressions of bigotry, racism or hate, material encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law, or other material of any kind that we find objectionable.
The public posting areas are for discussion and debate only. You may not use the public posting areas to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. We shall have the right, but not the obligation, to monitor the posting areas of the Website to determine compliance with these Terms and Conditions and any other operating rules that
may be established by us from time to time.
By posting messages or other material in the public posting areas of the Website, you are granting to us and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
- Termination of Privileges We reserve the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If wereceive notice or otherwise discover that you have posted material that infringes another party’s copyright rights or violates another party’s rights of privacy or publicity, we may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.
TI reserves the right to cancel, suspend, or otherwise restrict access to the project at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your project.
- Copyright Infringement We do not monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending us a notice that includes all of the following information:
your full name, address and telephone number
your e-mail address
identification of the copyrighted work(s) that you believe is being infringed
identification of the infringing material and information sufficient for us to locate the material
your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
your physical or electronic signature
Direct such notice to email@example.com
Upon receipt of notice complying with the above requirements, we will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.
If we remove materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying ourdesignated agent in writing and including the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
- your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
- your physical or electronic signature
Upon receipt of a notice meeting the above requirements, we will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, we will replace or enable access to the removed material unless we receive notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to ourselves and/or the copyright owner or Website user.
- General These Terms and Conditions constitute the entire agreement and understanding between you and ourselves with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. We reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by us. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.The Website is controlled and operated by TI from its office in the province of Alajuela, Costa Rica. TI makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject TI to the laws or jurisdiction of any province, country or territory other than the Province of Alajuela and Costa Rica.