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.
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.
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.
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.
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.
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
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
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.
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.
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.
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.
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.
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.
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.
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.
for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such action.
You agree that your sole and exclusive remedy to any issues relating to the BodasPR Service is to discontinue using the Service.
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.
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.
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.
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.