These Terms and Conditions were last revised and are effective as of November 30, 2014.
iamkatperez.com Terms and Conditions
Our Website includes all web pages within our Website, including, without limitation, www.iamkatperez.com and also includes backup, mirror, replacement or substitute websites or web pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content, unless we specifically say otherwise.
We will refer to users of our Website, our features, our Content, our functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using,” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, Content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion and/or Content in, on or available through our Site, for any purpose, or if you try to do any of these things.
TERMS + WEBSITE CHANGES
We reserve the right to add to, delete or modify our Terms as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. By continuing to use the Site after we post any such changes, you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms that apply to you.
OWNERSHIP AND USE OF WEBSITE AND CONTENT
OUR LIMITED LICENSE TO YOU
This Website and all the Content available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. To avoid any doubt, when the word “Content” is used it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of our Site.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent.
You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
YOUR LICENSE TO US
By posting or submitting any Content (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the Content, or are making your posting or submission with the express consent of the owner of the Content; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such Content (or any portion thereof), at any time for any reason whatsoever.
LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the images or Content of the Site, or incorporate into another website or other service any of our Content or intellectual property. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time.
PROHIBITED USER CONDUCT
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) redistribute, republish or exploit the Website’s Content or service for any further commercial or promotional purposes; or (b) attempt to gain unauthorized access to other computer systems through the Website.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of obtaining lists of users or other Content or information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
DISCLAIMER ON LINKS
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any third party web sites, web pages or other Internet or web-based locations (collectively, “Third Party Websites”), it does not mean that we are associated with, endorse, own or control those Third Party Websites. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your content, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on our Website.
OPERATION OF WEBSITE DISCLAIMER
We endeavor to maintain this Website and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We make no warranty that (i) the operation of the Website will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.
You agree at all times to defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold harmless COMPANY and our affiliates, successors, transferees, assignees and licensees and our respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org.
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
Copyrighted by Kat Pérez. ALL rights reserved. No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Kat Pérez.
If you have any questions about our Terms, please contact us at: email@example.com.
Copyright © 2014 Kat Pérez. All Rights Reserved. No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Kat Pérez.