PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR
USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND
ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE
USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS
TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/23/2021.
ACCEPTANCE OF TERMS The following Terms of Service Agreement (the "TOS")
is a legally binding agreement that shall govern the
relationship with our users and others which may
interact or interface with QUINCEANERASMAGAZINE.COM, also known as
Quinceaneras Magazine, located at 4815 E Carefree Hwy. Suite 108-176, Cave
Creek, Arizona 85331 and our subsidiaries and affiliates, in
association with the use of the
QuinceanerasMagazine.com website, which includes
replicated vendors' websites (jointly the
"Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED The Site is primarily an online
hub for quinceaneras-to-be (members), their parents,
friends and family, as well as vendors (vendors)
related to the quinceaneras industry, includes replicated websites
and virtual office for "vendors" with online tools designed to help
"vendors" reach "members" to offer their services
and have presence on the Internet, as well as a
virtual office for "members" to help them organize
their quinceanera event (event, events) and reach
out to registered "vendors." Any and all visitors to our site, despite whether they are registered or not,
shall be deemed as "users" of the herein contained Services provided for the
purpose of this TOS. Once an individual (vendor or
member) register's for our Services, through the
process of creating an account, the person shall then be considered a "user." The user acknowledges and agrees that the Services provided and
made available through our website and applications, which may include some
mobile applications and that those applications may be made available on various
social media networking sites and numerous other platforms and downloadable
programs, are the sole property of
QuinceanerasMagazine.com. At its discretion,
QuinceanerasMagazine.com
may offer
additional website Services and/or products, upgrades and/or downgrades of
current functionality, add or remove service plans, add to or remove functions from any of the current service plans, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or revised
Services unless otherwise stipulated.
QuinceanerasMagazine.com does hereby reserve the right to
cancel and cease offering any of the aforementioned Services and/or products.
You, as the end user, acknowledge, accept and agree that
QuinceanerasMagazine.com shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement and
any and all applicable terms and policies should be made by you to ensure you
are aware of all terms and policies currently in effect. Should you not agree to
the updated, revised or modified terms, you must stop using the provided
Services forthwith. Furthermore, the user understands, acknowledges and agrees that
the Services offered shall be provided "AS IS" and as such
QuinceanerasMagazine.com shall not
assume any responsibility or obligation for the timeliness, missed delivery,
deletion and/or any failure to store user content, communication or
personalization settings. REGISTRATION To register
for a FREE, BASIC or PREMIUM account and become a "registered
vendor" you must be at least 18 years of age;
to register for a FREE Quince account and become a "registered
member" you must have the explicit consent from
your parents to enter into and form a legally binding contract.
In addition, to qualify as a "user" for either type of account, you must be
in good standing and not be an individual that has been previously barred from
receiving QuinceanerasMagazine.com communications,
written or in electronic format, via text (SMS or
MMS), WhatsApp, direct messaging, email or any other
form of electronic communication.
When you register,
QuinceanerasMagazine.com collects information such as name of your company
(for vendors), your name, e-mail
address, account password, complete mailing address, telephone, and
may collect payment information
such as a credit or debit card information. You can edit your account and payment information
(vendors only) at
any time. Once you register with
QuinceanerasMagazine.com and sign in to our Services/Virtual
Office, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees
to:
a) furnish factual, correct, current and complete information with regards to
your company (for a "vendor" account) and yourself
(for a "member" account) as may be requested by the
account signup process, and b) maintain and promptly update your registration and profile information in an
effort to maintain accuracy and completeness at all times
If anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, QuinceanerasMagazine.com will have sufficient grounds and rights to suspend or
terminate the user in violation of this aspect of the Agreement, and as such
refuse any and all current or future use of
QuinceanerasMagazine.com Services, or any portion
thereof.
It is
QuinceanerasMagazine.com's priority to ensure the safety and privacy of all its visitors,
users and members, especially that of children. Therefore, it is for this reason
that the parents of any child under the age of 13 that permit their child or
children access to the QuinceanerasMagazine.com website and/or Services must
supervise the content being accessed through them.
QuinceanerasMagazine.com
allows its members to upload photos and/or videos of
the items, places or services that they provide as
part of their usual business and
QuinceanerasMagazine.com cannot guarantee the age
appropriateness of such content. As the parent or legal guardian of a child or
children accessing QuinceanerasMagazine.com you assume all responsibility
for allowing access to your child/children to the content and services
provided within and you have the responsibility to determine whether any
of the Services and/or content provided are age-appropriate for your
child/children.
FREE VENDOR ACCOUNT When you register with a
free "vendor" account,
you will receive a free account that includes the functionality listed under
"Free" in the QuinceanerasMagazine.com
website. You have the opportunity to provide payment information to upgrade
your account to a paid Basic or Premium account and to have access to all the features included
only in paid "vendor" accounts.
PRIVACY POLICY Every member's registration data and various other personal
and payment information are
strictly protected by the QuinceanerasMagazine.com Online Privacy Policy (see the full Privacy
Policy at https://QuinceanerasMagazine.com/privacypolicy.php). As a member, you herein consent to
the collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by QuinceanerasMagazine.com and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY When you set up an account,
you are the authorized user of your account.
You as the account "main member" shall be
responsible for maintaining the secrecy and
confidentiality of your password for all activities that transpire on or within your account. It is
your responsibility for any act or omission of any user(s) that access your
account information that, if undertaken by you, would be deemed a violation of
the TOS. It shall be your responsibility to notify
QuinceanerasMagazine.com immediately if you
notice any unauthorized access or use of your account or password or any other
breach of security. QuinceanerasMagazine.com shall not be held liable for any loss and/or damage
arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree
that all information, text, PDF content, software, data, photographs, music,
audio, video, messages,
tags or any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible for
any and all content posted, uploaded, emailed, transmitted or otherwise made
available by way of the QuinceanerasMagazine.com Services, and as such, we do not guarantee
the accuracy, integrity or quality of such content. It is expressly understood
that by use of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by
QuinceanerasMagazine.com.
Furthermore, you herein agree not to make use of
QuinceanerasMagazine.com for the
purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any
content that shall be deemed unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, or invasive of another's
privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any
QuinceanerasMagazine.com, forum leaders, guides or hosts or falsely stating or
otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that
you personally have no right to pursuant to any law nor having any contractual
or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such
content that may infringe upon any patent, copyright, trademark, or any other
proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content
that you do not personally have any right to offer pursuant to any law or in
accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any
unsolicited or unauthorized advertising, promotional flyers, "junk mail,"
"spam," or any other form of solicitation, except in any such areas that may
have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source
that may contain a software virus or other computer code, any files and/or
programs which have been designed to interfere, destroy and/or limit the
operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any
manner that would negatively affect other users' ability to participate in any
real time interactions; j) interfering with or disrupting any
QuinceanerasMagazine.com Services, servers and/or networks
that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion
headers; k) intentionally or unintentionally violating any local, state, federal,
national or international law, including, but not limited to, rules, guidelines,
and/or regulations decreed by the U.S. Securities and Exchange Commission, in
addition to any rules of any nation or other securities exchange, that would
include without limitation, the New York Stock Exchange, the American Stock
Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising
the character, location, and or source to any organization delegated by the
United States government as a "foreign terrorist organization" in accordance to
Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or
user in connection with the prohibited conduct and/or activities which have been
set forth in the aforementioned paragraphs.
QuinceanerasMagazine.com herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the
right to remove and/or delete any such content that would violate the TOS or
which would otherwise be considered offensive to other visitors, users and/or
members. QuinceanerasMagazine.com herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in good
faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process; b) enforcement of the TOS; c) responding to any claim that therein contained content is in violation of the
rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of
QuinceanerasMagazine.com, its
visitors, users and members, including the general public.
QuinceanerasMagazine.com herein reserves the right to include the use of security components that
may permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by QuinceanerasMagazine.com or any other content providers supplying content services
to QuinceanerasMagazine.com. You are hereby prohibited from making any attempt to override or
circumvent any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any
information or materials supplied by our Services, despite whether done so in
whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using
QuinceanerasMagazine.com to send
electronic communications, which would include, but are not limited to, email,
searches, instant messages, WhatsApp messages, uploading of files, photos and/or videos, you will
be causing communications to be sent through our computer network. Therefore,
through your use, and thus your agreement with this TOS, you are acknowledging
that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you
hereby agree to comply with all local rules relating to online conduct and that
which is considered acceptable Content. Uploading, posting and/or transferring
of software, technology and other technical data as well as tangible or
intangible items may be subject to the export
and import laws of the United States and possibly other countries. Through the
use of our network, you thus agree to comply with all applicable export and
import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as
well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any
government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data
or tangible or intangible items through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear,
missile, chemical or biological weaponry end uses that would be a violation of
the U.S. export laws; and
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
QuinceanerasMagazine.com shall not lay claim to ownership of any content submitted by any
visitor, member, or user, nor make such content available for inclusion on our
website Services. Therefore, you hereby grant and allow for
QuinceanerasMagazine.com the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly
accessible areas of QuinceanerasMagazine.com's sites
including but not limited to the Vendors Search
and My Vendors sections, the license provided to
permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display
said Content on our network Services is for the
sole purpose of providing and promoting the
specific area to which this content was placed
and/or made available for viewing. This license
shall be available so long as you are a member
of QuinceanerasMagazine.com's sites, and shall terminate at such time when you elect to
discontinue your membership. b) Photos,
audio, video and/or graphics submitted or made
available for inclusion on the publicly
accessible areas of QuinceanerasMagazine.com's
sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on
our network Services are for the sole purpose of
providing and promoting the specific area in
which this content was placed and/or made
available for viewing. This license shall be
available so long as you are a member of
QuinceanerasMagazine.com's sites and shall terminate at such time
when you elect to discontinue your membership.
c) For any other content submitted or made
available for inclusion on the publicly
accessible areas of QuinceanerasMagazine.com's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or later
developed.
Those areas which may be deemed "publicly
accessible" areas of QuinceanerasMagazine.com's sites
are those such areas of our network properties which are meant to be available
to the general public that include but not limited to the listing of company or
personal based service, and which would include message boards and groups
that are openly available to both users and members. However, those areas which
are not open to the public, and thus available to members only, would include
our mail, direct messaging, WhatsApp system and instant messaging and virtual office.
CONTRIBUTIONS TO COMPANY WEBSITE
QuinceanerasMagazine.com provides an area for our users and members to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary
information; b)
QuinceanerasMagazine.com shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions; c)
QuinceanerasMagazine.com shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property
of QuinceanerasMagazine.com; and e)
QuinceanerasMagazine.com is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold
QuinceanerasMagazine.com, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors
blameless or not liable for any claim or demand, which may include, but is not
limited to, reasonable attorney fees made by any third party which may arise
from any content a member or user of our site may submit, post, modify, transmit
or otherwise make available through our Services, the use of QuinceanerasMagazine.com Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES The member or
user herein agrees not to replicate, duplicate,
copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to
QuinceanerasMagazine.com's sites. USE AND STORAGE GENERAL PRACTICES You herein acknowledge that
QuinceanerasMagazine.com may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of
days that any email, message posting, photos/videos, text or any other uploaded content shall be
retained by QuinceanerasMagazine.com, nor the
maximum number of email messages that may be sent by
any member, the maximum volume or size of any
photo/video or email message that may be sent by an
account on our Service, the maximum disk space
allowable that shall be allocated on
QuinceanerasMagazine.com's servers on the
member's behalf, and/or the maximum number of times and/or duration that any
member may access our Services in a given period of time. In addition, you also
agree that QuinceanerasMagazine.com has absolutely no responsibility or liability for the removal
or failure to maintain storage of any information, photos/videos, messages and/or other communications or
content maintained or transmitted by our Services. You also herein acknowledge
that we reserve the right to delete or remove any account that is no longer
active for more than 7 days after the last billing date. Furthermore,
QuinceanerasMagazine.com shall reserve the
right to modify, alter and/or update these general practices and limits at our
discretion.
MODIFICATIONS
QuinceanerasMagazine.com shall reserve the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
TERMINATION As a
"vendor" or "member" of QuinceanerasMagazine.com, you may cancel or terminate your account, associated
additional accounts and/or access to our Services by submitting a cancellation
or termination request using the contact us form on the
QuinceanerasMagazine.com website or by signing in to
your virtual office, clicking on "My Account", "Payment History", "Cancel
Account" and following the onscreen instructions. The main user's email address
and password will be required to complete the account cancellation process. As a
"vendor" or "member", you agree that
QuinceanerasMagazine.com may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, and access to any of our Services. The cause for
such termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement,
regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services,
or any part thereof; d) unexpected technical or security issues and/or problems; e) any extended periods of inactivity; f) any engagement by you in any fraudulent or illegal activities; and/or g) the nonpayment of any associated fees that may be owed by you in connection
with your QuinceanerasMagazine.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions,
discontinuances, and or limitations of access for cause shall be made at our
sole discretion and that we shall not be liable to you or any other third party
with regards to the termination of your account and/or
access to any of our Services.
The termination of your account with
QuinceanerasMagazine.com shall include any and/or all of the
following:
a) the removal of any access
(to you and all additional user accounts) to all or part of the Services offered within
QuinceanerasMagazine.com; b) the deletion of your password
(and the password of all additional users) and any and all related information,
photos/videos, files, and
any such content that may be associated with or inside your account, or any part
thereof; and c) the barring of any further use of all or part of our Services.
ADVERTISERS Any correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, are and shall be solely between
QuinceanerasMagazine.com and any such advertiser.
LINKS Either
QuinceanerasMagazine.com or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not
endorse nor are we responsible or liable for any content, products, advertising
or any other materials, on or available from such third party sites or
resources. Furthermore, you acknowledge and agree that
QuinceanerasMagazine.com shall not be
responsible or liable, directly or indirectly, for any such damage or loss which
may be a result of, caused or allegedly to be caused by or in connection with
the use of or the reliance on any such content, goods or Services made available
on or through any such site or resource. PROPRIETARY RIGHTS
You do hereby acknowledge and agree that
QuinceanerasMagazine.com's Services and any essential
software that may be used in connection with our Services ("Software") shall
contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge
and agree that any Content which may be contained in any advertisements or
information presented by and through our Services or by advertisers is protected
by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as
authorized by QuinceanerasMagazine.com or such applicable licensor, you agree not to alter,
modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly
perform and/or created any plagiaristic works which are based on
QuinceanerasMagazine.com Services (e.g. Content or Software), in whole or part.
QuinceanerasMagazine.com herein has granted you, whether your are the main user or an
additional user created by the main user, personal, non-transferable and non-exclusive
rights and/or license to make use of our Software on a private personal computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not to
alter or change the Software in any manner, nature or form, and as such, not to
use any modified versions of the Software, including and without limitation, for
the purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other
than through the interface which is provided by
QuinceanerasMagazine.com for use in accessing our
Services. WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF
QUINCEANERASMAGAZINE.COM SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. QUINCEANERASMAGAZINE.COM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. b)
QUINCEANERASMAGAZINE.COM AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
QUINCEANERASMAGAZINE.COM SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii)
QUINCEANERASMAGAZINE.COM SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY
BE OBTAINED FROM THE USE OF THE
QUINCEANERASMAGAZINE.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
QUINCEANERASMAGAZINE.COM SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA
THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM QUINCEANERASMAGAZINE.COM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
QUINCEANERASMAGAZINE.COM AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH
MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
c) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
d) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE In the event you have a dispute, you agree to release
QuinceanerasMagazine.com (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute. EXCLUSION AND LIMITATIONS THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly
provided in this TOS, that there shall be no third-party beneficiaries to this
agreement. NOTICE
QuinceanerasMagazine.com may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to uploading of photos/videos, email, MMS or
SMS, postings on our website, Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices may
not be received if you violate any aspects of the TOS by accessing our Services
in an unauthorized manner. Your acceptance of this TOS constitutes your
agreement that you are deemed to have received any and all notices that would
have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION You herein acknowledge, understand and agree that all of the
QuinceanerasMagazine.com trademarks,
copyright, trade name, service marks, and other
QuinceanerasMagazine.com logos and any brand
features, and/or product and service names are trademarks and as such, are and
shall remain the property of
QuinceanerasMagazine.com. You herein agree not to display and/or use
in any manner the QuinceanerasMagazine.com logo or
marks without obtaining QuinceanerasMagazine.com's prior
written consent. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES QuinceanerasMagazine.com will always respect the intellectual property of others, and we ask that
all of our users do the same. With regards to appropriate circumstances and at
its sole discretion, QuinceanerasMagazine.com may disable and/or terminate the accounts of any
user who violates our TOS and/or infringes the rights of others. If you feel
that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized
on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you
believe has been infringed upon; c) A description of the location of the site which you allege has been
infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your
work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that you
are the copyright or intellectual property owner, representative or agent
authorized to act on the copyright or intellectual property owner's behalf.
The
QuinceanerasMagazine.com Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows: Mailing Address:
QuinceanerasMagazine.com Attn: Copyright Agent 4815 E Carefree Hwy Ste
108-176
Cave Creek, Arizona 85331
Telephone: 1 (602) 235-0109
GENERAL INFORMATION
ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and
QuinceanerasMagazine.com and shall
govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to
QuinceanerasMagazine.com Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other QuinceanerasMagazine.com Services, affiliate Services, third-party content or third-party
software. CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and
QuinceanerasMagazine.com with regard to the TOS
that the relationship between the parties shall be governed by the laws of the
state of Nevada in the United States of America without regard to its conflict of law provisions and that any
and all claims, causes of action and/or disputes, arising out of or relating to
the TOS, or the relationship between you and
QuinceanerasMagazine.com, shall be filed within the
courts having jurisdiction within the County of Maricopa, Arizona or the U.S.
District Court located in said state. You and
QuinceanerasMagazine.com agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts. WAIVER AND SEVERABILITY OF TERMS At any time, should
QuinceanerasMagazine.com fail to exercise or enforce any right or provision
of the TOS, such failure shall not constitute a waiver of such right or
provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and
any rights to your user ID and/or contents within your account shall terminate upon
your death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to
the contrary, any claim or action arising out of or related to the use of our
Services or the TOS must be filed within 6 year(s) after said claim or cause of
action arose or shall be forever barred. VIOLATIONS Please report any and all violations of this TOS to
QuinceanerasMagazine.com as follows:
Mailing Address:
QuinceanerasMagazine.com
4815 E Carefree Hwy Ste 108-176
Cave Creek, Arizona 85331
Telephone: 1 (602)
235-0109
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