Terms of Services – Hitboricua, LLC
Last modified: October 15, 2019
Welcome to Hitboricua!
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE REGISTER OR SIGN UP OR GET STARTED OR UPGRADE BUTTON OR BY ACCESSING OR USING THE HITBORICUA SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE HITBORICUA’S SERVICES. CHANGES MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME. WE WILL MAKE REASONABLE COMMERCIAL EFFORTS TO NOTIFY YOU OF ANY MATERIAL UPDATES TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, YOUR CONTINUED USE OF THE SERVICE WILL BE DEEMED ACCEPTANCE TO AMENDED OR UPDATED TERMS. AS SUCH, YOU SHOULD CHECK FREQUENTLY TO SEE IF WE HAVE UPDATED THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERMS OR CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.
“Service(s)” means the content, tools, services and products provided by Hitboricua through its websites www.hitboricua.net and/or www.hitboricua.com or any other Website operated by us and including, without limitation, videos, graphics, recordings, documentation, linked pages, features, data, text, blog posts, images, photographs, music, sounds, messages, tags, content, programming, software and application services.
If You are accessing or using the service on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms “You” and “Customer” shall refer to such entity. You and Hitboricua hereby agree as follows:
2. License Grant
The Hitboricua service, and any content viewed through our service, is solely for your personal and non-commercial use. Subject to Customer’s compliance with the terms and conditions of this Agreement (as a condition to the grants below), Hitboricua grants Customer, and Customer accepts, a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Hitboricua content and view the course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
3. Access to Services
During the Term, and subject to the terms and conditions of this Agreement, Hitboricua will use commercially reasonable efforts to provide Customer with access to the Services. Customer will cooperate with Hitboricua, as requested, to facilitate the initiation of Customer’s access and use of the Services.
Customer will identify a username and password that will be used solely by Customer to access and use Customer’s account on the Services. You may never use another's account. Customer will not share its username or password with any third party and will be responsible and liable for the acts or omissions of any person who accesses the Services via such account. Customer will (a) provide accurate, correct, current, and complete information when setting up such account; (b) maintain and promptly update any account information; (c) maintain the security of any password and accept all risks of unauthorized access to its account; and (d) promptly notify Hitboricua if it discovers or otherwise suspects any security breaches related to such account.
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Hitboricua shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
4. Customer Data
Hitboricua will not use or disclose your Customer Data to any third parties except:
5. Customer obligations
Customer shall not directly or indirectly:
- rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, license, sublicense, transfer, or provide access to the Service to a third party in any way,
- reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Hitboricua Service, including its content, except as permitted by law,
- access the site for the purpose of building a competitive product or service or copying its features or user interface;
- modify, remove or obstruct any proprietary rights statement or notice contained in the Services;
- interfere with any license key mechanism in the Service or otherwise circumvent mechanisms in the Service intended to limit your use,
- attempt to gain unauthorized access to the Services or its related systems or networks;
- provide false identity information to access or use the Services;
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (b) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs
- publicly disseminate information regarding the performance of the Service
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Hitboricua reserves the right to investigate and take appropriate legal action against anyone who, in Hitboricua's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
UNLESS OTHERWISE EXPRESSLY AUTHORIZED HEREIN OR BY HITBORICUA IN WRITING, YOU AGREE NOT TO DISPLAY, DISTRIBUTE, LICENSE, PERFORM, PUBLISH, REPRODUCE, DUPLICATE, COPY, CREATE DERIVATIVE WORKS FROM, MODIFY, SELL, RESELL, EXPLOIT, TRANSFER OR UPLOAD FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE.
6. Intellectual Property Rights
6.1 Ownership. Service is made available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. Hitboricua and its licensors have and retain all right, title and interest, including all intellectual property rights, in and to the Service or Products (including all No-Charge Products), their “look and feel”, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for Hitboricua.
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by United States, Puerto Rico and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication or distribution.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Claims Against Hitboricua. Customer will defend, indemnify and hold harmless(and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which Hitboricua may suffer or incur in connection with any actual claim, lawsuit, demand, action or other proceeding by any third party arising from: (a) any breach of Customer’s obligations, representations or warranties herein; or (b) any use or distribution of the Customer’s Application in violation of this Agreement or applicable law or regulations, including any damages caused by your use of the Service.
You must not:
6.2 Trademarks. The Company name, the terms Hitboricua, Inc., the phrase “Un Picheo a la Vez”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
6.3 Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hitboricua of your infringement claim in accordance with the procedure set forth below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending a written notice (“Notice”) to us as detailed below.
The Notice must include the following:
1. Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Artdustry.com website where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
* "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
* "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Hitboricua's Designated Copyright Agent at:
1225 Ponce de León Ave. PH 810
San Juan, PR 00907
6.4 Feedback. From time to time, Customer may choose to submit comments, information, questions, data, ideas, description of processes, or other information to Hitboricua, including sharing Your Modifications or in the course of receiving Support and Maintenance (collectively “Feedback”). Hitboricua may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in this Agreement limits Hitboricua’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
7. Representations & Warranties and Disclaimers
7.1 Due Authority. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
7.2 WARRANTY DISCLAIMER. ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND HITBORICUA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. HITBORICUA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF HITBORICUA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HITBORICUA NOR ANY OF ITS EMPLOYEES, CONTRACTORS OR THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF HITBORICUA, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
The Site and/or Services may include links to certain websites, materials, or content developed by Third Parties. Hitboricua has not reviewed all the sites linked to its Site and/or Services and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by Hitboricua of such material and shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at Your own risk. Hitboricua reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.
Unless You specifically withdraw Your consent to this clause by sending an email at [[email protected]], You hereby acknowledge and consent to Hitboricua making use of any of Your marks, logos and trade names to identify You as Hitboricua’s customer on the website and/or Hitboricua Services, in addition to any other promotional material.
10. Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT HITBORICUA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTOR BE LIABLE FOR DAMAGES OF ANY KIND OR FOR YOUR LOST REVENUES, UNDER ANY LEGAL THEORY, EVEN IF HITBORICUA OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. IN ANY EVENT HITBORICUA’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE FOR 1 MONTH PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11.1 Disputes Between Users. You agree that you are solely responsible for your interactions with any other user in connection with the Service and Hitboricua will have no liability or responsibility with respect thereto. Hitboricua reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
11.3. Procedure for handling Indemnification Claims. The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought (provided that the indemnified party’s failure to notify the indemnifying party will not diminish the indemnifying party’s obligations under this Section 11 except to the extent that the indemnifying party is materially prejudiced as a result of such failure), (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own selection at its own expense.
CUSTOMER (ON ITS OWN BEHALF AND ON BEHALF OF ANY PERSON OR ENTITY AUTHORIZED TO USE THE SERVICES BY CUSTOMER) COVENANTS NOT TO SUE OR MAKE OR ASSERT AGAINST HITBORICUA ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE SERVICES PROVIDED BY HITBORICUA UNDER THIS AGREEMENT.
12. Privacy / Data Protection
- By accepting the terms contained within this Agreement, You acknowledge, represent and warrant that You shall comply with all applicable laws, including but not limited to Data protection and privacy laws and that You shall indemnify Hitboricua against any Third Party claims related to violation of such applicable laws in the use of the Service.
13. Governing Law & Arbitration
- Entire Agreement. This Agreement constitutes the entire agreement, and supersedes all prior and contemporaneous negotiations, understandings, representations, warranties or agreements (oral or written), between the you and Hitboricua about the subject matter of this Agreement.
- Amendments. Hitboricua may amend this Agreement from time to time in our sole discretion. If Hitboricua makes a change to this Agreement that, in its sole discretion, is material, Hitboricua will notify Customer by providing notice of the change(s) through the Services, the content itself, or at the email address that Customer provided to us upon signing up to access the Services. If Customer does not agree to the modified terms of the Agreement, Customer shall notify Hitboricua in writing within thirty (30) days, after which this Agreement shall immediately terminate, and the Hitboricua Entities shall have no further responsibility or liability to Customer.
- Assignment. Neither Party may assign or delegate any rights or obligations under the Agreement without the prior written consent of the other party. Notwithstanding the foregoing, both parties may assign their rights and obligations under the Agreement in connection with a consolidation, merger, acquisition or sale of substantially all or part of their assets, shares or activities without the prior written consent of the other party.
- Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
- Modification and Waiver. No modification of this Agreement, and no waiver of any breach of this Agreement, will be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, will be construed as a waiver of any subsequent breach of this Agreement.
- Your Comments and Concerns. This site is operated by Hitboricua, LLC, 1225 Ponce de León Ave. PH 810, San Juan, PR 00907 or contact us through our social media for direct communication. All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: [email protected]