TERMS AND CONDITIONS
Last Updated: November , 2010
2. You agree to use Our Site in a manner consistent with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an “as is, as available” basis at no cost for you.
4. ALL MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
4.1 The advertising displayed on this Site by any of our partners is marked as such, and doesn’t necessary represents our recommendations or thoughts.
6. You are authorized to download one copy of our software on our Site on one computer for your personal use only but you may not in so doing modify it to alter their behavior, or amend any trademark, executable code, copyright or other proprietary notice.
7. No intellectual property or other rights shall be transferred to you and You shall NOT assume that free access to our Site and Software grants you or transfer directly or indirectly any intellectual property rights.
7.1 Where it is applicable, third party trademarks are properly stated as registered by its owners and this doesn’t necessary means any kind of affiliation with them directly or indirectly or as a result of advertising displayed by partners.
8. To the extent that portions of our Site (such as “chat rooms” or “forums”) may provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any uses or expenses resulting from their use and/or appearance on our Site.
9. To the fullest extent permitted by applicable laws, we on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this our site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
10. All the software provided by this Web Site has its own End User License Agreement and you are responsible for accept any agreement before install such software.
11. Recording products are not intended and/or designed for use in circumventing copy protection or DRM mechanisms or for making illegal copies of copyrighted content. You shall respect the rights of the content owners when recording.
12. You hereby represent and warrant that you have all necessary rights in and to access our Web Site and use our software without infringe any proprietary or other rights of third parties.
13. Where we may provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.
16. This Agreement is governed by the Mexican laws, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate DsNET Corp. and/or its affiliates’ intellectual property rights, DsNET Corp. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts.
17. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DsNET Corp., ITS SUBSIDIARIES AND AFFILIATES, WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR
(b) ANY LOSS OR DAMAGE AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OUR WEBSITE;
(ii) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE ON OUR WEBSITE AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OUR WEB SITE;
(iv) YOUR FAILURE TO RESPECT THIRD PARTY RIGHTS.
18.1 You hereby agree to indemnify, defend and hold DsNET Corp., its strategic partners, officers, directors, agents, affiliates, web site operators, licensors and their suppliers (“the Indemnified Parties”) harmless from and against any claim or liability arising out of:
(a) your use of our website in breach of the Terms or applicable policies;
(b) access our website in regions or countries where it’s forbidden by the local laws;
(c) any claim that you are misusing our software or website to violate any applicable law.
(d) any claim that you are violating third party rights including but not limited to advertisers, partners and affiliates.
You can contact us through our Contact Us section and we will answer in Spanish, Portuguese, English, French or Italian.