YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEBSITE, AS APPLICABLE, OR ANY OTHER FOUNDATION FOR PUERTO RICO SOFTWARE, SERVICES, WEBSITES OR ANY OF FOUNDATION FOR PUERTO RICO'S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY KNOWN AS “SERVICES” OR “WEBSITE”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
ACCESS TO THE WEBSITE
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition for your use of the Website that all the information you provide on this Website is correct, current, and complete. If Foundation for Puerto Rico has any reason to believe that the information you provide is not correct, current, or complete, Foundation for Puerto Rico has the right to refuse your access to the Website or any of its resources, and/or to terminate or suspend your access to the Website at any time.
RESTRICTIONS ON USE
You may use the Website for the purposes expressly permitted by the Website. As a condition for your use of Foundation for Puerto Rico's Website(s), you warrant to Foundation for Puerto Rico that you will not use the Website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
The Website is for your personal and noncommercial use, unless otherwise specified. You may not use this Website for any other purpose, including any commercial purpose, without Foundation for Puerto Rico's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to the Website.
This Website may be hyperlinked to other websites which are not maintained by, or related to, Foundation for Puerto Rico. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Website or Foundation for Puerto Rico. Foundation for Puerto Rico has not reviewed any or all of such sites and is not responsible for the content of those sites. Foundation for Puerto Rico is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user's own risk, and Foundation for Puerto Rico makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Foundation for Puerto Rico provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Foundation for Puerto Rico of that site or any association with its operators.
USE OF COMMUNICATION SERVICES
The Website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular purpose of the Communication Services.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Website any material that:
- you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly or indirectly to the Website;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Website;
- solicits funds, advertisers, or sponsors;
- includes programs that contain viruses, worms, and/or trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Website;
- includes MP3 format files;
- amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
- disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Website or any networks connected to this site; or
- contains hyperlinks to other sites with content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Foundation for Puerto Rico nor any third party that provides Content to Foundation for Puerto Rico will assume or have any liability for any action or inaction by Foundation for Puerto Rico or such third party with respect to any submission. Foundation for Puerto Rico cautions you against giving out any personally identifying information about yourself and/or any other third party in any Communication Service. Foundation for Puerto Rico does not control or endorse the content, messages, or information found in any Communication Service and, consequently, Foundation for Puerto Rico specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Foundation for Puerto Rico spokespersons, and their views do not necessarily reflect those of Foundation for Puerto Rico.
You hereby grant to Foundation for Puerto Rico the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Foundation for Puerto Rico through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Foundation for Puerto Rico will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Foundation for Puerto Rico operations.
You are entirely responsible for the content of, and any harm resulting from, your postings to your web page, forums, chat rooms and blogs and all other submissions to the Website including without limitation any surveys or feedback (collectively, “Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
- you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms;
- your Contribution does not contain any viruses, worms, trojan horses, malicious code or other harmful or destructive content;
- your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
- if your employer has rights to intellectual property you create, you have either: (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution, as applicable;
- your Contribution does not violate any state or federal law designed to regulate electronic advertising;
- your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
- your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on the Website or other computers or equipment, designed to enable you or others to gather information from the Website or monitor the online or other activities of the Website;
- your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
- your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Foundation for Puerto Rico in its sole discretion.
You may not access or use the Website for any other purpose other than the purpose for which Foundation for Puerto Rico makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by Foundation for Puerto Rico in its sole discretion. A prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services;
- transmitting chain letters or junk email to other users;
- using any information obtained from the Website in order to contact, advertise, solicit, or sell to any user without their prior explicit consent;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another user, person or entity;
- using the username of another user;
- using a false email address;
- selling or otherwise transferring your profile;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose, as applicable;
- using the Website in a manner inconsistent with any and all applicable laws and regulations; and
- providing material support or resources (or concealing or disguising the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
By making a Contribution to the Website, you hereby grant to Foundation for Puerto Rico a perpetual, nonexclusive, fully-paid, royalty-free, sub-licensable worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell and distribute such Contribution through the Website, in all media now known or hereafter created and in any other manner in Foundation for Puerto Rico's sole discretion subject to the condition that Foundation for Puerto Rico will provide you with worldwide attribution, as applicable.
When you create an account with the Website, you may be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
All content on the Website, except for all Contributions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed, as applicable, to Foundation for Puerto Rico, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Foundation for Puerto Rico reserves all rights in connection with the Website and the Materials.
You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Foundation for Puerto Rico, including any use, copying, or distribution of third parties' materials obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
RIGHT TO REMOVE SUBMISSION
Whenever we receive a report claiming that any Content, Material, and/or Submission, as applicable, on Foundation for Puerto Rico's Websites infringes their intellectual property rights, we may promptly remove the Content, Material, and/or Submission, as applicable, from the Website without contacting you first.
If you tried to post a Submission in the Website that was immediately removed, it may have been identified as potentially infringing someone else’s intellectual property rights. If your Submission is removed for intellectual property right infringement reasons, you will receive an email about such removal. Please use the information included in the email to learn more about your options, such as confirming that you have the right to the content, are therefore, you are allowed to make the Submission. If you do not see an email from us regarding the removal, please check your spam folder for the email address associated with your account.
If Foundation for Puerto Rico removes your content for infringing someone else’s intellectual property rights, and you believe Foundation for Puerto Rico removed it by mistake, Foundation for Puerto Rico will provide you with an opportunity to appeal.
If you infringe other people’s intellectual property rights, Foundation for Puerto Rico will disable your account when appropriate. If you infringe other people’s intellectual property rights during 3 different instances, Foundation for Puerto Rico will disable your account (“Repeat Infringer Policy”).
The Website complies with the notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. If your content is removed under the DMCA, you will receive information about how to file a counter-notification in the message Foundation for Puerto Rico sends you. You should only submit a counter-notification if the content was removed because of a mistake or misidentification.
When we receive an effective DMCA counter-notification, we will forward it to the party that reported the content. The information they receive includes your contact information, which they can use to contact you. If we provide your counter-notification to the party that reported the content, and they don't notify us that they have filed a court action seeking an order to keep the content down, we will restore or cease disabling eligible content under the DMCA. This process can take up to 14 business days. Please note, in rare instances, we may not be able to restore content due to technical limitations. In case this happens, we’ll send you an email letting you know that you may repost the content at your discretion. Content that is restored based on an effective DMCA counter-notification will not be counted against you under our Repeat Infringer Policy.
You understand that Foundation for Puerto Rico cannot and does not guarantees or warrants that files available for downloading from the Website will be free from viruses, worms, trojan horses, or other code that may contain contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Foundation for Puerto Rico does not assume any responsibility or risk for your use of the Website.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Foundation for Puerto Rico.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FOUNDATION FOR PUERTO RICO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. FOUNDATION FOR PUERTO RICO DOES NOT WARRANTS THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOUNDATION FOR PUERTO RICO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FOUNDATION FOR PUERTO RICO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FOUNDATION FOR PUERTO RICO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. FOUNDATION FOR PUERTO RICO MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in the Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Website, and Foundation for Puerto Rico does not undertake any obligation to update such information after it is posted or to remove such information from the Website if it is not, or is no longer accurate or complete.
LIMITATION ON LIABILITY
FOUNDATION FOR PUERTO RICO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FOUNDATION FOR PUERTO RICO AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO FOUNDATION FOR PUERTO RICO FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TERMINATION OR RESTRICTION OF ACCESS
Foundation for Puerto Rico reserves the right, in its sole discretion, to terminate your access to any or all of Foundation for Puerto Rico's websites and the related services or any portion thereof at any time, without notice.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Foundation for Puerto Rico or the party that provided the trademarks, services marks, logos, and copyrighted works to Foundation for Puerto Rico. Foundation for Puerto Rico and any party that provided trademarks, service marks, logos, and copyrighted works to Foundation for Puerto Rico retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
If you believe that your work has been copied in a way that constitutes copyright, trademark or any other intellectual property infringement, as applicable, please provide Foundation for Puerto Rico's the written information specified below. Please note that this procedure is exclusively for notifying Foundation for Puerto Rico and its affiliates that your rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark or intellectual property owner, as applicable, or are authorized to act on such owner's behalf.
Foundation for Puerto Rico may be reached for these purposes at the address, telephone, fax, and email included under the “Contact Us” section of the VIEWPR Website.
Any passwords used for the Website are for individual use only. You will be responsible for the security of your password (if any). Foundation for Puerto Rico will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Foundation for Puerto Rico considers not secure, Foundation for Puerto Rico will be entitled to require the password to be changed and/or terminate your account, as applicable.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FOUNDATION FOR PUERTO RICO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FOUNDATION FOR PUERTO RICO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FOUNDATION FOR PUERTO RICO OR LAW ENFORCEMENT AUTHORITIES.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Foundation for Puerto Rico as a result of this Agreement or use of Foundation for Puerto Rico's Websites.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain.
Last revision done as of: 3/30/2018.