|
Organisational Information
------------------------------------------------------------------------
La Gran Chiquitania
PO Box 2277
South Hamilton, MA 01982-0277
USA
Website: http://www.chiquitania.com/
Email: info "at" chiquitania.com
Legal Information
------------------------------------------------------------------------
Content responsible: Geoffrey A. P. Groesbeck, info "at" chiquitania.com
Technical responsible: Geoffrey A. P. Groesbeck, webmaster "at" chiquitania.com
Further Information
------------------------------------------------------------------------
Terms of Use for La Gran Chiquitania:
1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this Web site, you agree to be
bound by these Terms of Use, and as amended from time to time with or
without notice to you. In addition, if you are using a particular service
on or through this Web site, you will be subject to any rules or guidelines
applicable to those services and they shall be incorporated by reference
into these Terms of Use. Please see my Privacy Policy below, which
is incorporated into these Terms of Use by reference.
2. My Service
My Web site is provided to you on an "AS IS" basis. You agree that the owner of this Web site
- that's me, and me alone - exclusively reserves the right and may, at any time and without notice
and any liability to you, modify or discontinue this Web site and its
services or delete data you provide, whether temporarily or permanently.
I shall have no responsibilty or liability for the timeliness, deletion,
failure to store, inaccuracy, or improper delivery of any data or information.
3. Privacy Policy
Any personally identifiable information that
I may collect is subject to the terms of my Privacy Policy.
4. Your Conduct
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
(the "Content"), publicly or privately provided, shall be
the sole responsibility of the person providing the Content or the person
whose user account is used. You agree that my Web site may expose you
to Content that may be objectionable or offensive. I shall not be responsible
to you in any way for the Content that appears on this Web site nor
for any error or omission.
You explicitly agree, in using this Web site or any service provided,
that you shall not:
(a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this Web site or any service
provided, infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or which
may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or
entity, or forge or otherwise seek to conceal or misrepresent the origin
of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this Web site and any Content or service in any commercial
manner or in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorised advertising;
(e) provide any Content that may give rise to my civil or criminal
liability or which may consititue or be considered a violation of any
local, national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
5. Submission of Content on This Web Site
By providing any Content to this Web site:
(a) you agree to grant to me a worldwide, royalty-free, perpetual, non-exclusive
right and licence (including any moral rights or other necessary rights)
to use, display, reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works and compilations,
in whole or in part. Such license will apply with respect to any form,
media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant me with the licence set forth
in this Section 7;
(c) you acknowledge and agree that I shall have the right (but not
obligation), in my sole discretion, to refuse to publish or to remove
or block access to any Content you provide at any time and for any reason,
with or without notice.
6. Third Party Services
Some goods and services of third parties may be mentioned on or through this Web site. Representations made regarding products
and services provided by third parties are governed by the policies
and representations made by these third parties. I shall not be liable
for or responsible in any manner for any of your dealings or interaction
with third parties.
7. Indemnification
You agree to indemnify and hold me harmless, my subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including reasonable attorney's fees, that may be made by any
third party, that is due to or arising out of your conduct or connection
with this Web site or service, your provision of Content, your violation
of this Terms of Use or any other violation of the rights of another
person or party.
8. Disclaimer of Warranties
Your understand and agree that your use of this Web site and any content provided (the "Service") is made available and
provided to you at your own risk. It is provided to you "AS IS."
I MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE
WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER I NOR ANY PARTICIPANT
IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE
OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND
WITHOUT MY LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and
the above disclaimer may not apply to you only as it relates to implied
warranties.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT I SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF I HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I)
THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN
SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED
INTO ON THROUGH THE SERVICE, (III) UNAUTHORISED ACCESS TO OR ALTERATION
OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore
such limitations may not apply to you.
10. Reservation of Rights
I reserve all of my rights, including but not limited to any and
all copyrights, trademarks, patents, trade secrets, and any other
proprietary right that I may have in my Web site and its content. The use of my rights
and property requires my prior written consent. I am not providing
you with any implied or express licenses or rights by making my rights
and property
available to you and you will have no rights to make any commercial
uses of my Web site without my prior written consent.
11. Notification of Copyright Infringement
If you believe that your property has been used in any way that would
be considered copyright infringement or a violation of your intellectual
property rights, my copyright agent (i.e., me) may be contacted at the following
address: webmaster "at" chiquitania.com.
12. Applicable Law
You agree that this Terms of Use and any dispute arising out of your
use of this Web site shall be governed by
and construed in accordance with local laws where the headquarters of
the owner of this Web site is located, without regard to its conflict
of law provisions. By registering or using this Web site and service
you consent and submit to the exclusive jurisdiction and venue of the
county or city where the headquarters of the owner of this Web site
is located.
13. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under
which any provision may be held invalid by a court with jurisdiction
over the parties, such provision will be interpreted to reflect the
original intentions of the parties in accordance with applicable law,
and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms
of Use shall not be considered a waiver of any that party's right and
that right will remain in full force and effect; (iii) You agree that
without regard to any statue or contrary law that any claim or cause
arising out of this Web site or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever
barred; (iv) I may assign my rights and obligations under this Terms
of Use and I shall be relieved of any further obligation.
Incredible, huh?
Privacy Policy for La Gran Chiquitania:
I take your right to privacy seriously and want you to feel comfortable
using this Web site. This Privacy Policy deals with personally identifiable
information (referred to as "Data" below) that may be (but almost definitely is not) collected
on my site. This Policy does not apply to other entities that
I do not own or control or persons that are not my employees, agents
or within my control. Please take time to read the Terms of Use above.
1. Collection of Data
Providing me with your information
- whatever it may be - is at your option. Please take note that your user name, e-mail address,
or other submissions that you make on this site may contain your real
name or other personally identifiable information and, as a result,
may appear on this site, which is not necessarily a bad thing if you're after publicity. Like many Web sites, I also may automatically
receive general information that is contained in the site's server log files,
such as your IP address and cookie information. Although to be honest, I never check this stuff even when Webalizer collects it, so you're probably safe.
2. Use of Data
I may use Data to customise and improve your user experience on this
site. On the other hand, I haven't yet and likely never shall, so rest easy. I shall make efforts so that your Data will not be provided to
third parties unless (i) provided for otherwise in this Privacy Policy;
(ii) I obtain your consent, such as when you choose to opt-in or opt-out
to the sharing of Data; (iii) a service provided on my site requires
the interaction with or is provided by a third party, e.g.,
an Application Service Provider; (iv) pursuant to legal process or law
enforcement; (v) I find that your use of this site violates the
Policy, Terms of Service, other usage guidelines or as deemed reasonably
necessary by me to protect my legal rights and/or property; (vi) or
(vi) this site is purchased by a third party whereby that third party
will be able to use the Data in the same manner as I can as set forth
in this Policy. None of these exceptions are even remotely likely, however. In the event you choose to use links that appear on
my site to visit other Web sites, you are advised to read the privacy
policies that appear on those sites.
3. Cookies
Unlike most Web sites, I DO NOT set or use cookies. Period. However,
I may choose to do so in the future to enhance your user experience,
such as retaining your personal settings. But it's highly unlikely
at best. Advertisements NEVER appear on my Web site and
therefore third parties cannot set and access cookies on your computer.
4. Changes to This Privacy Policy
I may make changes to this Policy from time to time. If I do, I shall notify
you of substantial changes to this Policy either by posting a prominent
announcement on my site and/or by sending a message to the e-mail address
you have provided to me that is contained within your user settings.
5. No Guarantees
While this Privacy Policy states my standards for maintenance of Data
and I shall make efforts to meet them, I am not in a position to guarantee
these standards. There may be factors beyond my control that may result
in disclosure of data. As a consequence, I disclaim any warranties
or representations relating to maintenance or nondisclosure of Data.
6. Contact Information
If you have any questions about this Policy or the Web site, please
contact the Webmaster.
|
