Terms and Conditions
Terms and Conditions
- You may choose to provide us with your personal information on some pages of the website. For example, when you complete an inquiry form or request or subscribe to any software. When you submit personal information, you consent to our use of the information as set out in these terms and conditions.
- We shall use any personal information you give to us in accordance with these terms and conditions, and with any additional statements appearing on forms used for submitting your personal information. We shall not disclose your personal information to any third parties without obtaining your prior consent unless we are required by law to do so.
- If you submit an inquiry, we shall use your personal information to administer and respond to your inquiry. Your inquiry will be responded to by the appropriate team. We shall securely store the information you supply and the response we provide. We may produce reports on the use of the contact form service to enable us to monitor and develop it. These reports will be based on anonymous data, which means that individuals will not be identified in the reports.
- If you contact us regarding the website we shall use your details to reply to you. We try to respond to all feedback where a valid email address is included. If you make a comment or complaint about other aspects of our services, we may use your details to investigate your comments.
- is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, indecent, pornographic, libelous, harmful to minors, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes or misappropriates our, or a third party’s, intellectual property, confidentiality, or other rights;
- violates export and re-export control laws and regulations;
- advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
- distributes advertising or promotional content;
- is inconsistent with the purposes for which the Site has been designed or with how the Site is intended to be used;
- violates or is otherwise contrary to accepted Internet practices and practices of any connected networks;
- imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
- provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- decompiles, disassembles, uses reverse engineers or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
- accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or
- reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose.
Your Posts and SubmissionsIf you access the Site anonymously, you will not be required to create a user name. However, in order to access certain Content, or to use certain functionality, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that any information you provide in connection with establishing any account or submitting an application is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or other information), and you are solely responsible for any use (authorized or not) of your account(s). You agree to notify us immediately of any unauthorized activity regarding any of your account(s) or other breach of security. We may in our discretion suspend or terminate any of your user names and passwords at any time with or without notice. You agree not to post or store on our Site any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files or other material (“Material”) that:
- violates or infringes intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas);
- violates any applicable federal, state or local law;
- is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Digital Millennium Copyright Act (“DMCA”) Compliance.Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent: Designated Person or Agent for DMCA Notices Victor Recondo, Esq. 2999 NE 191 Street Suite 800 Aventura, Florida 33180 Email: vi****@fi*****.com (the “DMCA Agent”). You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Filing a DMCA NoticeSpecific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Filing a DMCA Counter-NotificationIf a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Repeat Infringer PolicyPursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances. Liability for Misrepresentation under the DMCA Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
System Requirements and Data SecurityYou are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Site and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. We are not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any of our servers. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
LinksAny links provided from the Site are provided solely as a convenience to our users. We have no control over the content posted at the sites to which the links are directed, and we make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available any circumvention devices, we ask that you notify us in writing so that we may evaluate whether (in our sole discretion), to disable the link. You acknowledge and agree that WMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. When visiting external links, you should refer to that external site’s terms and conditions of use. No hypertext links shall be created from any site controlled by you or otherwise to this Site without the express prior written permission of WMG. WMG has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
- WMG suspects, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.