TERMS
OF SERVICE POLICY
AGREEMENT
This Agreement
sets forth the Standard Terms and Conditions that apply to use of the BodasPR
Services.
YOUR USE OF
THE BODASPR SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS
OF SERVICE.
These Terms
of Service form independent agreements between User and BodasPR. The Parties
shall be liable to the other for any breach of these Terms of Service, and
User agrees that User’s sole recourse in case of such breach shall
be against the breaching party.
TERMS AND CONDITIONS
You agree to
familiarize yourself with the Terms of Service, and abide by them if you
choose to use the sites, or accept the services or benefits, to which such
terms apply.
MEMBER
CONDUCT
You agree to
abide by all applicable local, state, national and international laws and
regulations regarding your use of our service and your bidding on, listing,
purchase, solicitation of offers to purchase, and sale of items.
CONTENTS
OF MESSAGES
Children under
the age of 13 are not authorized to post messages.
You are solely
responsible for the contents of your messages and the consequences of any
such messages. You agree that you will not use BodasPR for chain letters,
junk mail, “spamming”, solicitations (commercial or noncommercial)
or any use of distribution lists to any person who has not given specific
permission to be included in such a process. You further agree not to use
BodasPR to send any messages or material that are unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise constitute a
criminal offense, give rise to civil liability or otherwise objectionable
material of any kind or nature or that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation. BodasPR
assumes no responsibility for actively monitoring the site for inappropriate
messages, however, BodasPR reserves the right to terminate User’s
account if it becomes aware and determines, in its sole discretion, that
User is violating any of the foregoing guidelines.
LINKED SITES AND ADVERTISING
The links on
the BodasPR Web Site may let you leave the BodasPR Web Site. You acknowledge
that the linked sites are not under the control of BodasPR and BodasPR is
not responsible for the contents or operation of any linked site or any
link contained in a linked site, or any changes or any updates of such sites.
BodasPR is not responsible for web casting or any other form of transmission
received from any linked site. BodasPR is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement
by BodasPR of the linked site or any association with their operators.
BodasPR takes
no responsibility for third party advertisements which are posted on this
site, nor does it take responsibility for the goods or services provided
by its advertisers.
SUPERSTORE
We will ship
items in 7 to 10 business days from receipt of order. We do not ship to
P.O. Boxes as UPS and Fedex refuse delivery on any P.O. Box. You must notify
us within 30 days of the receipt of your product of any damaged or missing
items from your order.
No COD orders. Mastercard and Visa accepted. Check and money orders accepted
PAYABLE TO: BODASPR, Suite 15 1750 Loiza St. San Juan, Puerto Rico
00969.
Merchandise will be held for shipment until personal checks clear our bank.
Unless otherwise agreed upon by BodasPR, payment is to be received prior
to acceptance of order. If credit is extended by BodasPR, payment is due
by the date on the invoice. Interest will be charged at the rate of 1% monthly
on all late payments.
All pricing will be in U.S. funds only. Prices exclude shipping and handling
and all applicable taxes. Prices are subject to change without notice, however
prices will be honored per order. Purchaser is responsible for any and all
taxes associated with the purchase.
ADVERTISERS
BodasPR operates
a strict no refund policy with regard to all purchases of advertising.
All pricing will be in U.S. funds only. Prices are subject to change without
notice.
All advertising must be paid for in advance.
UNLAWFUL OR PROHIBITED USE
As a condition
of your use of the BodasPR Web Site you warrant to BodasPR that you will
not use the BodasPR Web Site for any unlawful purpose.
RIGHTS
GRANTED TO BODASPR
By posting
messages, uploading files, inputting data, submitting any feedback or suggestions,
or engaging in any other form of communication with or through the BodasPR
Web Site, you warrant and represent that you own or otherwise control the
rights necessary to do so and to grant BodasPR the licenses set forth below.
You hereby grant BodasPR and its affiliated companies permission to:
Use, modify,
copy, distribute, transmit, publicly display, publicly perform, reproduce,
publish, sub-license, create derivative works from, transfer, or sell any
such communication.
Sub-license
to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to the communication.
Publish your
name in connection with any such communication.
The foregoing
grants shall include the right to exploit any intellectual property or proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
No compensation will be paid or due you with respect to BodasPR’s
or its sub- licensee’s use of the materials contained within such
communication. BodasPR is under no obligation to post or use any materials
you may provide, and may remove such materials at any time in BodasPR’s
sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained
in this Agreement shall be construed as creating any agency, legal representative,
partnership, or other form of joint enterprise between the parties. Neither
party shall have authority to contract for or bind the other in any manner
whatsoever.
DISCLAIMER
OF WARRANTIES/LIMITATION OF LIABILITY
THE
BODASPR SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BODASPR EXPRESSLY DISCLAIMS
ANY
REPRESENTATION
OR WARRANTY THAT THE BODASPR SERVICE WILL BE ERROR-FREE, TIMELY, SECURE
OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BODASPR,
ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY
ON ANY SUCH INFORMATION OR ADVICE.
UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BODASPR, OR ITS AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BODASPR SERVICE,
INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE
BODASPR SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO BODASPR RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT BODASPR
IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION
WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM BODASPR
AND ITS AFFILIATES.
OUR
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE OF THE SERVICE OR DELIVERABLE
IN QUESTION OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
THE
TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR
WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents
of the BodasPR Web Site are proprietary to BodasPR, and/or its suppliers
and are protected under international Copyright and Trademark law. All rights
are reserved. The reproduction, duplication, distribution, modification,
copying or transmission of material from this site is strictly prohibited
unless the user has obtained the prior written consent of BodasPR or unless
it is expressly permitted by this site. You are also strictly prohibited
from creating works or materials that derive from or are based on the material
contained in this site. This prohibition applies regardless of whether the
derivative materials are sold, bartered or given away. BodasPR reserves
any rights not expressly granted herein.
WEB
SITE HOSTING
If you have
BodasPR host your wedding web site on our site you agree that BodasPR is
not responsible for any lost files, information, or data associated with
the site.
PROMOTIONAL
MESSAGES
BodasPR and/or
third parties may, from time to time, send e-mail messages to Users containing
advertisements, promotions, etc. Such e-mail will be sent to mailbox(es)
as submitted by User upon sign up. BodasPR does not make any representation
or warranty with respect to the content of any such e-mail messages or any
goods or services which may be obtained from such third parties, and User
agrees that BodasPR shall not have any liability with respect thereto.
GOVERNING
LAW
The law of
Puerto Rico shall govern this Agreement, and any dispute arising from the
relationship between the parties to this Agreement, excluding any laws that
direct the application of another jurisdiction’s laws. In any litigation,
arbitration, or other proceeding by which one party either seeks to enforce
its rights under this Agreement (whether in contract, tort, or both) or
seeks a declaration of any rights or obligations under this Agreement, the
prevailing party shall be awarded its reasonable attorney fees, and cost
and expenses incurred, subject to the Limitation of Liabilities clause.
The parties consent to the exclusive jurisdiction and venue of the courts
of Puerto Rico or to any Federal Court located within Puerto Rico.
ARBITRATION
Any legal controversy
or legal claim arising out of or relating to this Agreement or our services
shall be settled by binding arbitration. Any such controversy or claim shall
be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Puerto Rico, as the parties to this agreement agree
to be governed by the laws of Puerto Rico. Either party may seek any interim
or preliminary relief from a court of competent jurisdiction in Puerto Rico
necessary to protect the rights or property of party pending the completion
of arbitration. The prevailing party from arbitration shall be entitled
to reasonable attorney’s fees, which shall be set forth by the arbitrator(s).
Judgment upon the award rendered may be entered in any court in Puerto Rico
with jurisdiction. The decision of the arbitrator shall be final and binding
on the parties. The parties shall bear equally all fees, costs and expenses
of the arbitration, and each party shall bear its own legal expenses, attorneys
fees, and costs of all experts and witnesses, provided, however, the arbitration
panel may apportion between the parties, as said arbitrator may deem equitable,
the cost incurred by either party.
Should either
party file an action contrary to this provision, the other party may recover
attorneys’
fees and costs
up to one thousand (1000) dollars.
TERMINATION
BodasPR reserves
the right to immediately terminate your use of, or access to, this web site
at any time if, in BodasPR sole discretion, you have breached this Agreement
or any relevant law, rule or regulation or you are engaged in conduct that
BodasPR considers to be inappropriate or unacceptable.
SEVERABILITY
If any provisions
of this Agreement shall be held to be invalid or unenforceable for any reason,
the remaining provisions shall continue to be valid and enforceable. If
a court finds that any provision of this Agreement is invalid or unenforceable,
but that by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and enforced
as so limited.
SURVIVABILITY
The terms of
this Agreement apply to those obligations that survive any cancellation,
termination, or rescission, namely - confidentiality/non-disclosure, warranty,
indemnification, liability and limits thereon, rights and obligations upon
and following termination and assignment.
INDEMNIFICATION
You agree to
defend, indemnify and hold harmless BodasPR against any and all claims,
losses, liability costs and expenses (including but not limited to reasonable
attorneys’ fees) arising from your violation of these Terms and Conditions
or any third-party’s rights, (including, without limitation, infringement
of any copyright trademark, service mark, trade secrets, right of privacy
or publicity or any other third party right). The terms of this section
shall survive the termination of your relationship with BodasPR.
HEADINGS
Headings are
for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such action.
REMEDY
You agree that
your sole and exclusive remedy to any issues relating to the BodasPR Service
is to discontinue using the Service.
WAIVER
The failure
of BodasPR to enforce a provision of this Agreement shall not be construed
as a waiver or limitation of BodasPR’ right to subsequently enforce
and compel strict compliance with every provision of this Agreement.
FORCE
MAJEURE
If by reason
of failures of telecommunications or internet service providers, labor disputes,
riots, inability to obtain labor or materials, earthquake, fire or other
action of the elements, accidents, governmental restrictions or other causes
beyond the control of BodasPR, BodasPR is unable to perform in whole or
in part its obligations as set forth in this Agreement, then BodasPR shall
be relieved of those obligations to the extent it is so unable to perform
and such inability to perform shall not make BodasPR liable to the User.
ASSIGNMENT
In the event
of a merger or consolidation of BodasPR, the surviving or new corporation
and any subsidiaries are similarly subject to the rights and obligations
of this Agreement.
ENTIRE
AGREEMENT
Unless otherwise
specified herein, this Agreement constitutes the complete and exclusive
statement of the Agreement between the parties regarding the products and
services provided hereunder, and supercedes any prior Agreements between
the parties with respect thereto.
MODIFICATION
OF TERMS
BodasPR reserves
the right to modify this policy at any time and without advance notice,
effective upon making the modified provisions available on the BodasPR Web
Site. You are responsible for regularly reviewing these documents. Continued
use of the BodasPR Web Site after any such changes shall constitute your
consent to such changes. BodasPR does not and will not assume any obligation
to notify you of any changes to the Terms of Service.
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