Terms and Conditions
Welcome to our website, www.prisadigital.com (the “Site”). By visiting the Site you accept and agree to be bound by these Terms of Use, including any future modifications, which constitute an agreement ("Agreement") between you and Company and to abide by all applicable laws, rules and regulations (collectively, "Applicable Law"), which together with our privacy policy govern Prisa Digital, Inc.’s (the "Company”) relationship with you in relation to this Site. The term 'Prisa Digital, Inc.' or 'us' or 'we' refers to the owner of the Site whose registered office is 4770 Biscayne Blvd. Suite 700, Miami, FL 33137. The term 'you' refers to the user or viewer of our Site (also referred to as “User(s)”).Company has created the Site to provide useful information of Company’s services and products to its User(s). The content of the pages of this Site is for the User(s)’s general information and use only.Please read this Agreement carefully. Company reserves the right to modify or amend this Agreement without notice at any time, and such modification(s) will be effective upon posting on the Site. Your continued use of the Site following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by federal, state and other applicable law, you must immediately leave the Site and discontinue your use of Company services.
The use of this Site is subject to the following Terms of Use:
REGISTRATION INFORMATION
Any registration information you submit to create an account must be accurate, complete and kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account.You agree not to use the username, email address or password of another User at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.
COMPANY CONTENT
The Site contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Site. Company hereby grants you a limited, revocable, non-sub licensable license to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Company services. The Site and Company services may also contain Content of users and other Company licensors. Except as provided in this Agreement, by prior written consent of Company, or as explicitly permitted on the Site or Company services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Site and/or Company services. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Company in writing the Site Administrator at terms@prisadigital.com.Further, except as explicitly and expressly permitted by Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Company Content or any digital rights management mechanism, device, or other content protection or access control measure associated with Company Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of Company Content unless authorized in writing by company. You may not build a business utilizing Company Content, whether or not for profit.
USE OF SITE
Company reserves the right to remove any content in its sole discretion. You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Site (collectively, "User Content"). You understand that Company does not control the User Content posted by users via the Site and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable content. Company assumes no responsibility or liability for this type of content. If you become aware of misuse of the Site, please report this immediately to the Company at terms@prisadigital.com. Company assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time, Company chooses in its sole discretion to monitor the Sites, Company nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense.
You agree NOT to use this Site, or attempt, facilitate or encourage others to do any of the following:
.Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
.Post, upload or otherwise transmit or link to content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
.Harass or harm another person;
.Exploit or endanger a minor;
.Impersonate or attempt to impersonate any person or entity;
.Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
.Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site, including Company's servers, networks or accounts;
.Cover, remove, disable, block or obscure advertisements or other portions of the Company services;
.Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Site, or to circumvent or modify any security technology or software that is part of the Site;
.Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Site. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $150.00 for each actual or intended recipient of such communication;
.Solicit, collect or request any personal information for commercial or unlawful purposes;
.Post, upload or otherwise transmit an image or video of another person without that person's consent;
.Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Company's prior written consent;
.Use the Site to advertise or promote competing services;
.Use the Site in a manner inconsistent with federal, state, or other applicable law; and
.Disclose personally identifiable information, such as your full name, email, address, telephone number or street address.
Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates ("Affiliated Entities"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of User(s) of the Site or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with federal, state or other applicable law or the legal process.
Use of cookies
This website uses cookies to monitor browsing preferences. For example, cookies may be used to store information such as your member name and password, sparing you from having to re-enter that information each time you visit. We may also use cookie technology to control the number of times you see a particular advertisement while visiting the Site. You can turn the cookies feature off by using your browser preference options, but doing so will severely limit your access to this Site and may prevent you from registration.
Some of the Site’s third-party content providers also may place a cookie on your computer. If you do allow cookies to be used, your personal information may be stored by us for use by third parties. If you choose to monitor or restrict cookies that are placed on this computer, you can determine the website that is attempting to place a cookie. Those cookies are controlled by the content provider, and you should refer to that provider's privacy policy for further information regarding its use of cookies and about your options not to accept them.
PROPRIETATY RIGHTS
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use. By posting any User Content on, through or in connection with the Site and/or the Company services, you hereby grant to Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sub licensable, irrevocable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Company services or in connection with any distribution or syndication thereof to any third party, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Company's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Site and/or the Company services. You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Site and/or the Company services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Site and/or the Company services and third party services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Site and/or the Company services or third party services.
UNSOLICITED SUBMISSIONS
Company does not knowingly accept, via the Site or otherwise, unsolicited submissions. Company's policy is to simply delete any such submission without reading it (or forwarding it). Therefore, any similarity between an unsolicited submission and any elements in any Company creative work or concepts (or affiliated company's creative work), would be purely coincidental. If unsolicited submissions are sent to Company via the Site or Company services, however, these submissions become the property of Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Company, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
INTELLECTUAL PROPERTY
Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other propriety rights of any person or entity. Company has a policy of terminating repeat infringers' access to the Company services in appropriate circumstances. If you believe that any material contained in the Site infringes your copyright, please email or fax a notification of claimed infringement to Company's Site Administrator at terms@prisadigital.com.
THIRD PARTY SERVICES/ADVERTISING AND LINKS
Company may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties. These third party links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), or the use of your data by any third party.Company is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an affiliated company or company otherwise connected with the Site. If you decide to access other websites, you do so at your own risk. If Company has provided links or pointers to other websites on the Site, they are solely as a convenience to you and no inference or assumption should be made and no representation should be implied that Company is connected with, operates, controls or endorses these websites. Company takes no responsibility for third party advertisements which are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
COMPANY ALERTS/NEWSLETTERS
Company may deliver newsletters and email alerts to its User(s) who subscribe on a variety of Company services and products. If you would like to subscribe to any of the newsletters Company offers, you may do so by clicking on the link provided at the bottom of Site pages. If you would like to change the e-mail address, or stop receiving newsletters, or email alerts, please click on the "unsubscribe" link on the bottom of the Site, or by mail, sending your request in writing to the following address: Prisa Digital, Inc. Attn: Site Administrator 4770 Biscayne Blvd. Suite 700, Miami, FL 33137.
PRIVACY
Use of the Site is also governed by our Privacy Policy located at www.prisadigital.com/americas/privacy, which is incorporated into this Agreement by this reference.
DISCLAIMERS
Your use of any information or materials on this Site, including, but not limited to third party advertisements, and the goods or services provided by Company or any third parties is solely your responsibility and at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. Company does not guarantee or promise any specific results from use of the Site and/or Company’s services. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site and/or Company services. Your use of User Content, and third party advertisements and services do not necessarily reflect the opinions or policies of Company.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, AND/OR THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE SITE AND/OR COMPANY SERVICES.
INDEMNITY
You agree to defend, indemnify and hold harmless Company, its parents, affiliates and related companies together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of the Site and/or Company services; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
TERM; TERMINATION
This Agreement shall remain in full force and effect while you use the Site or are a subscriber. Company reserves the right to immediately terminate your use of, or access to, the Site at any time for any or no reason, with our without prior notice or explanation, and without liability. Furthermore, even after your user account or access to a section of the Site is terminated, the Terms of Use in this Agreement will remain in effect.
DISPUTES
This Agreement is governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts situated in the State of Florida, or if appropriate, the United States District Court for the Southern District of Florida, with respect to any dispute, disagreement, or cause of action related to or involving this Site, or action or proceeding arising in connection with this Agreement, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
MISCELLANEOUS
If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.