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AGREEMENT BETWEEN USER AND Corporate O, LLC The Web Site is comprised of various Web pages operated by Corporate O, LLC The WineVTopics Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WineVTopics Web Site constitutes your agreement to all such terms, conditions, and notices. 1.- MODIFICATION OF THESE TERMS OF USE Corporate O, LLC reserves the right to change the terms, conditions, and notices under which the WineVTopics Web Site is offered. 2.- ACCESS 2.1.- Corporate O, LLC hereby grants You a non-exclusive and non-transferable license to access the website owned or operated by Corporate O, LLC and made publicly available by Corporate O, LLC via the Internet solely for viewing and browsing the information on the Corporate O, LLC Website for personal and non-commercial use, subject to the terms and provisions of this Agreement. You agree to comply with the Corporate O, LLC Privacy Policy which may be modified by Corporate O, LLC from time to time. You acknowledge that Corporate O, LLC provides links to the sites of affiliated companies and certain other businesses. Because Corporate O, LLC provides links to third parties, the data represented on the Corporate O, LLC Website may not be accurate, complete or timely. Corporate O, LLC is not responsible for examining or evaluating the sites to which it links, and does not warrant the offerings of any of these businesses or individuals or the content of their web sites. Corporate O, LLC does not assume any responsibility or liability for the actions, product, and content of any third parties. 2.2.- In order to access some features of the Corporate O, LLC Website, You may need to create an account. You may not use another's account without permission. When creating an account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Corporate O, LLC immediately of any breach of security or unauthorized use of Your account. Corporate O, LLC will not be liable for Your losses caused by any unauthorized use of Your account. However, You may be liable for the losses of Corporate O, LLC or others due to such unauthorized use. 3.- LINKS TO THIRD PARTY SITES The WineVTopics Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Corporate O, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Corporate O, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Corporate O, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. 4.- DISCLAIMER OF WARRANTIES Corporate O, LLC disclaims any responsibility for any harm resulting from your use of our Services. WineVTopics disclaims any responsibility for harm resulting from your use of the Services. The Services are provided "as is," with no warranties whatsoever. Corporate O, LLC and the licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. Corporate O, LLC and the licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Services. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. 5.- OWNERSHIP AND TITLE: Title to the Corporate O, LLC Website and content (excluding third party content and User Submissions (as defined in Section 7 below), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Corporate O, LLC Website shall be the exclusive property of Corporate O, LLC. Removal of Infringing Material/Copyright Agent: Corporate O, LLC does not permit infringement of intellectual property rights on the WineVTopics Website. Corporate O, LLC will remove all content, third party content and User Submissions if properly notified that such content, third party content or User Submission infringes on another's intellectual property rights. Corporate O, LLC reserves the right to remove User Submissions without prior notice. Corporate O, LLC will also terminate a user's access to the WineVTopics Website, if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the WineVTopics Website more than twice. Corporate O, LLC also reserves the right to decide whether content, third party content or a User Submission is appropriate. Corporate O, LLC may remove inappropriate User Submissions and/or terminate a User's access for uploading inappropriate User Submissions without prior notice and at its sole discretion. If You believe that any User Submission or other content or third party content infringes upon Your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Corporate O, LLC to locate the material; (iv) Information reasonably sufficient to permit Corporate O, LLC to contact You, such as an address, telephone number, and email address; (v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Corporate O, LLC designated Copyright Agent to receive notifications of claimed infringement is: Carlos A. Cayón, email: ccayon at corporate-o.com, telephone: (323) 774-1070, fax: (323) 638-5885. You acknowledge and agree that if you fail to comply with all of the requirements of this Section, your notice may not be valid. 6. Trademarks: Corporate O, LLC shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of WineVTopics.com (the “WineVTopics.com Marks”). Excepting the WineVTopics Marks, all other product and company names mentioned on the WineVTopics Website may be the trademarks of their respective owners. 7. No Contest: You acknowledge that the WineVTopics Website, content and third party content are protected under international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Corporate O, LLC in connection with the WineVTopics Website and content. 8. User Submissions: The WineVTopics Website may now or in the future permit the submission of Web Links, Images, videos or other communications submitted by You and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. Any information posted or submitted by You on the WineVTopics Website shall be deemed non-confidential. 8.1.- Companies submitting their own web sites shall be solely responsible for your own Submissions and the consequences of posting or publishing them. You warrant and, represent that: (i) you own or have the right, to use and authorize Corporate O, LLC to use copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the WineVTopics Website and this Agreement. 8.2.- In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Corporate O, LLC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Corporate O, LLC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. E. Corporate O, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions. 8. Express Warranties: You acknowledge and agree that Corporate O, LLC (including officers, employees, agents, directors and independent contractors of Corporate O, LLC) has not made or granted to You any express warranties concerning the WineVTopics Website or Corporate O, LLC products or services. Use and performance of Corporate O, LLC products and services referenced on the WineVTopics Website are subject to Corporate O, LLC terms and conditions concerning such products and services as made available by Corporate O, LLC. You acknowledge that the WineVTopics Website does not constitute a grant of an express warranty concerning Corporate O, LLC products and services and You waive any and all claims of warranty based on the WineVTopics Website. 9. WARRANTY LIMITATION: THE WineVTopics WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Corporate O, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Corporate O, LLC DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE WineVTopics WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. Corporate O, LLC DOES NOT MAKE ANY WARRANTY AND YOU WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE WineVTopics, WEBSITE OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR ELIABILITY OF THE WineVTopics WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE WineVTopics WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES AND APPLICABLE LAWS GOVERNING THE INTERNET AND THE WineVTopics WEBSITE. 10. Inaccuracies: You acknowledge that the WineVTopics Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the WineVTopics Website. |
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