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GUIDELINES AND TERMS OF
SERVICE
This Agreement sets forth the terms and conditions which
apply to your use of the WWW.MIAMIONSALE.COM web site (the
"Service") which are offered to you by Miamionsale.com
Inc, ("Miamionsale.com" ). BY USING THIS SITE, YOU
AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD
SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by
this Agreement, please discontinue your use of the Service.
1. Restrictions on Use.
The Service is a computer online service. It is accessible
to you through a personal computer, or other access device, at
www.miamionsale.com using a communications connection (e.g.,
modem and telephone line). As part of our service, you will be
provided with information, editorial content, chat rooms,
links to other Web sites and other computer services that Miamionsale.com
Inc may decide to offer, subject to the terms hereof. Miamionsale.com
Inc may discontinue or alter any aspect of the Service,
including, but not limited to, (i) restricting the time of
availability, (ii) restricting the availability and/or scope
of the Service for certain platforms (i.e., computer types and
operating systems), (iii) restricting the amount of use
permitted, and (iv) restricting or terminating any User's
right to use the Service, at Miamionsale.com Inc's sole
discretion and without prior notice or liability. The terms of
the Service may be updated by Miamionsale.com Inc from time
to time without notice to you. You can review the most current
version of the terms of the Service at any time. In addition,
when using particular Miamionsale.com Inc services (e.g.,
Dating Service, People Directory), you shall be subject to any
posted guidelines or rules applicable to such services which
may be posted from time to time. You are responsible for all
charges (e.g., telephone) associated with connecting to the
Service through an available access number. You are also
responsible for obtaining or providing all telephone access
lines, telephone and computer equipment (including modem), or
other access device, necessary to access the Service. You
further certify that you are an individual (e.g., not a
corporation). This Service is owned and operated by Miamionsale.com
Inc and its affiliated companies and contains material which
is derived in whole or in part from material supplied and
owned by Miamionsale.com Inc and other sources, and is
protected by copyright, trademark, and other applicable laws.
You may not modify, copy, reproduce, republish, upload, post,
transmit, publicly display, prepare derivative works based on,
or distribute in any way any material from this Service
including code and software ("Material"). You may
download Material from this Service for your personal,
non-commercial use only, provided you keep intact all
copyright and other proprietary notices. In the event that you
download Material from the Service, such Material is licensed
to you by Miamionsale.com Inc and Miamionsale.com Inc does
not transfer title to any such Material to you.
2. Registry rules and guidelines.
a. General.
Miamionsale.com Inc's Directory, Searches, Web Resources,
Message Boards (Forums, Jokes, Recipes and others), Postcards,
Classifieds and Chat Services ("Free Services") are
all currently provided for free to all users. Miamionsale.com Inc’s People Directory, and Dating Service
("Registered Services") are all currently provided
for free to users who register with Miamionsale.com Inc’s
People Directories. Miamionsale.com Inc reserves the right
to change the nature of these relationships at any time.
Violation of the terms of this Agreement may result in the
termination your right to use the Registered Services and some
of the Free Services, or your Miamionsale.com Inc registration. Users under the age of 18 must have parental
consent before joining Miamionsale.com Inc, and children
under the age of 13 should not register with Miamionsale.com Inc. You will receive a password and account designation
upon completing the Registered Services’ registration
process. You are responsible for maintaining the
confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify Miamionsale.com
Inc of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Miamionsale.com Inc
will not be liable for any loss or damage arising from
your failure to comply with this guidelines.
b. Rules for Registered and Free Services.
(1) Conduct Required for Use of All Services: It
is a condition of your use of the Registered and Free
Services that you do not: (i) restrict or inhibit any other
user from using and enjoying the Registered and Free
Services; (ii) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national or international law; (iii) post
or transmit comments containing harassing or offensive
language, including sexual references, sexual nicknames,
racial slurs or rude or deliberately offensive comments or
engage in disruptive activities online, including excessive
use of scripts, sound waves, scrolling (repeating the same
message over and over), or use viruses, bots, worms or
trojan horses; (iv) post or transmit any information,
software or other material which violates or infringes the
rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first
obtaining permission from the owner or right holder; (v)
post or transmit any information, software or other material
which contains a virus or other harmful component; (vi) post
or transmit content that encourages or provides
instructional activities about illegal activities, in
particular hacking, cracking or phreaking; (vii) solicit
other users to join, become registered users of, or
contribute money to any online service or other
organization, advocate or attempt to get users to join in
legal or illegal schemes or plan or participate in scams
involving other users; (viii) impersonate any person or
entity or falsely state or otherwise misrepresent your
professional or other affiliation with any person or entity;
(ix) resell, redistribute, broadcast or transfer the
information or use the information in a searchable,
machine-readable database; or (x) use the Service to collect
personally identifying information about users of the
Service in violation of our Privacy Policy. You agree that
you will not use the Service, including the information
provided therein and all related equipment, networks and
network devices (specifically including Internet access) for
any unlawful purpose. Miamionsale.com Inc, at its sole and
absolute discretion, shall determine whether any information
transmitted or received violates this provision.
(2) Monitoring. You understand that Miamionsale.com
Inc has no obligation to monitor the Registered and Free
Services areas. However, Miamionsale.com Inc reserves the
right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or
to refuse to post or to remove any information or materials,
in whole or in part, that in Miamionsale.com Inc's sole
and absolute discretion are objectionable or in violation of
this Agreement. You acknowledge that Miamionsale.com Inc reserves the right to, and may from time to time, monitor
any and all information transmitted or received through the
Service, for operational and other purposes. During
monitoring, information may be examined, recorded, copied,
and used for authorized purposes in accordance with our
Privacy Policy. Use of the Service constitutes consent to
such monitoring.
(3) License. Except as set forth in the Privacy
Policy, by uploading files, inputting data, or engaging in
any other form of communication (a
"Communication") through the Registered and Free
Services (other than personal E-mails) you are granting Miamionsale.com
Inc a royalty free, irrevocable, perpetual, non-exclusive,
unrestricted, worldwide license to (i) use, copy,
sublicense, adapt, transmit, publicly perform or display any
such Communication, and (ii) sublicense to third parties the
unrestricted right to exercise any of the foregoing rights
granted with respect to such Communication. No Communication
shall be subject to any obligation of confidence on the part
of Miamionsale.com Inc. The foregoing grants shall include
the right to exploit any proprietary rights in such
Communication, including but not limited to rights under
copyright, trademark, servicemark, or patent laws in any
relevant jurisdiction.
(4) Registered and Free Services Content.
Communications posted in the Registered and Free Services
are provided by users such as yourself who are unaffiliated
with Miamionsale.com Inc, and the user providing each such
Communication is solely responsible for the content thereof.
In using the Registered Services or receiving e-mail
messages from users through the Free Services, you should
not assume that such messages have been reviewed by Miamionsale.com
Inc, that such Communications contain correct information,
or that the persons posting such Communications have
accurately identified themselves and/or their affiliation
with any third party.
(5) Personal Safety. When using the Service,
please be certain that anything you say does not compromise
your personal safety. Do not provide your name, phone
number, address or any other personally identifying
information to people you do not know. Do not continue any
conversation online that makes you feel uncomfortable.
3. Submissions.
Miamionsale.com Inc is pleased to hear from users and
welcomes your comments regarding Miamionsale.com Inc's
programs and services. Miamionsale.com Inc's longstanding
company policy does not allow it to accept or to consider
creative ideas, suggestions, or materials other than those
it has specifically requested. We hope that you will
understand that the intent of this policy is to avoid the
possibility of future misunderstandings when projects
developed by Miamionsale.com Inc's employees and agents
might seem to be similar to creative works submitted by
users. If, at our request, you send certain specific
submissions (postings to the Community Areas, or contests),
or without a request from us you send creative suggestions,
ideas, notes or concepts or other materials, they shall be
deemed, and shall remain, the property of Miamionsale.com Inc, and shall otherwise be subject to the provisions of
Section 2(d), above.
4. Shopping Services.
The Service provides links to online shopping services and
other commercial services for your convenience only. These
online shopping services are provided by registered companies,
and such companies are solely responsible for any services
provided to you. Except for the participating companies in Miamionsale.com
Inc’s Online Products Search, Miamionsale.com Inc does
not endorse or recommend, the services of any particular
company, unless if specified by Miamionsale.com Inc.
5. Disclaimer of Warranties.
MIAMIONSALE.COM Inc HAS PROVIDED LINKS AND POINTERS TO
INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY
SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY
MATERIALS ON THIS SERVICE. NEITHER MIAMIONSALE.COM Inc, ITS
PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR
SUPPLIERS, UNLESS IF SPECIFIED, OPERATE OR CONTROL IN ANY
RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD
PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY
SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS IF SPECIFIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIAMIONSALE.COM
Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIAMIONSALE.COM
Inc DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE, OR THE
SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. MIAMIONSALE.COM Inc DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. You assume all risk of errors and/or
omissions in the Service, including the transmission or
translation of information. You assume full responsibility for
implementing sufficient procedures and checks to satisfy your
requirements for the accuracy and suitability of the Service,
including the information, and for maintaining any means which
you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the information
provided hereunder. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
6. Limitation of Liability.
IN NO EVENT SHALL MIAMIONSALE.COM Inc, ITS PARENT OR
SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR
INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF MIAMIONSALE.COM Inc OR ANY OF ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MIAMIONSALE.COM
Inc, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR
SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
7. Indemnification.
You agree to defend, indemnify and hold harmless MIAMIONSALE.COM
Inc, its affiliates and their respective directors,
officers, employees and agents from and against any and all
claims, actions, suits or proceedings, as well as any and all
losses, liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or accruing from (a)
any material posted or otherwise provided by you that
infringes any copyright, trademark, trade secret, trade dress,
patent or other intellectual property right of any person or
defames any person or violates their rights of publicity or
privacy, (b) any misrepresentation made by you in connection
with your use of the Service; (c) any non-compliance by you
with the terms and conditions of this Agreement; and (d)
claims brought by persons or entities other than the parties
to this Usage Agreement arising from or related to your access
and use of the Service, including the information obtained
through the Service.
8. Termination.
You agree that Miamionsale.com Inc, in its sole discretion,
may terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any content within
the Service, for any reason, including, without limitation,
for lack of use or if Miamionsale.com Inc believes that you
have violated or acted inconsistently with the letter or
spirit of the terms of the Service. Miamionsale.com Inc may
also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to any
of the Registered or Free Services under any provision of this
terms of the Service may be effected without prior notice, and
acknowledge and agree that Miamionsale.com Inc may
immediately deactivate or delete your account or registration
and all related information and files in your account and/or
bar any further access to such files or the Service. Further,
you agree that Miamionsale.com Inc shall not be liable to
you or any third-party for any termination of your access to
the Service.
9. Trademarks.
Miamionsale.com and the Miamionsale.com logo are trademarks of
Miamionsale.com Inc, and all other trademarks, service marks
and trade names used on the Service are the property of their
respective owners, and all of the above trademarks may not be
copied, downloaded or otherwise exploited without the
permission of MIAMIONSALE.COM Inc or the owner of such
trademark, servicemark or trade name.
10. Offensive material.
Some areas of the Free Services destinated for
"Jokes" may contain some references and terms which
some of the users may find offensive. For the safety of all
the users, Miamionsale.com Inc displays a warning in these
areas’ first web page.
10. Minors.
If you have agreed to allow your minor child, or a child for
whom you are legal guardian (a "Minor"), to register
in the Service, you agree that you shall be solely responsible
for: (a) the online conduct of such Minor; (b) monitoring such
Minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such Minor.
11. Copyrights.
MIAMIONSALE.COM Inc accommodates and do not interfere with
standard technical measures used by copyright owners to
protect their materials. If you believe that your work has
been copied in a way that constitutes copyright infringement,
please provide Miamionsale.com Inc the following
information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
Please send the information to:
Miamionsale.com Inc
By email: info@miamionsale.com
13. Modification.
MIAMIONSALE.COM Inc reserves the right to amend this
Agreement, and to modify, add or discontinue any aspect,
content, or feature of the Service. Such amendments,
modifications, additions or deletions shall become effective
upon notice thereof, which may be provided to you by posting
on the Service, via e-mail or any other reasonable means.
Continued use of the Service by you shall be deemed to
indicate your acceptance of any such amendments,
modifications, additions or deletions.
14. Jurisdiction.
This agreement shall be governed by and construed in
accordance with the laws of the Republic of Guatemala without
giving effect to any principles of conflicts of law. You may
not assign any of your rights, obligations or privileges
hereunder without the prior written consent of MIAMIONSALE.COM
Inc. Any dispute arising from the terms of this agreement or
a breach of this agreement will be governed the laws of
Guatemala. By using the Service, you agree to the personal
jurisdiction by the courts in the Republic of Guatemala. This
agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and
supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral, between MIAMIONSALE.COM
Inc representatives and you. Any assignment other than as
provided for in this Section shall be null and void, ab initio.
If any provision of this agreement shall be unlawful, void, or
for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions. This
Agreement and any posted operating rules constitute the entire
agreement of the parties with respect to the subject matter
hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between
the parties with respect to such subject matter. No waiver by
either party of any breach or default hereunder shall be
deemed a waiver of any subsequent breach or default. The
titles and subtitles used in this Agreement are used for
convenience only and are not to be considered in construing or
interpreting this Agreement.
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