
User Agreement
As revised July 8, 2004
The following User Agreement ("Agreement") governs the use of
pvsrwebsite.com. Please read the rules contained in this Agreement
carefully. You can access this Agreement at any time by clicking
on "User Agreement" at the bottom of every page of the Site. If
you cannot agree with these rules, please do not use the Site.
These terms may be modified from time to time; the date of the
most recent revisions will appear on this page. Continued access
of the Site by you will constitute your acceptance of any changes
or revisions to the Agreement. Your failure to follow these rules,
whether listed below or in bulletins posted at various points
in the Site, may result in suspension or termination of your access
to the Site, without notice, in addition to Service Provider's
other remedies.
USE OF PASSWORD Your right to use the Site is personal
to you -- you may not authorize others to use the Site, and you
are responsible for all use by you and those you allow to use
the Site. You may not sub-license, transfer, sell or assign this
Agreement to any third party without our written approval. Any
attempt to do so will be null and void and shall be considered
a material breach of this Agreement. You will be solely responsible
for maintaining the confidentiality of your password. You are
solely responsible for all usage or activity on your account including,
but not limited to, use of the account by any person who uses
your subscriber ID and password. If you have reason to believe
that your account is no longer secure (for example, in the event
of a loss, theft, or unauthorized disclosure or use of your ID,
password or any credit, debit or charge card number stored on
the Site), you must promptly change your password and notify Service
Provider of the problem by contacting our Administration department
at administration@pvsrwebsite.com.
USE OF THE SITE BY YOU The Site is not intended for users
under the age of 13 and Service Provider does not knowingly collect
personally identifiable information from users under the age of
13. Such users are expressly prohibited from submitting their
personally identifiable information to us, and from using our
forums and chat areas; any information submitted by such users
will not knowingly be used, posted or retained by Service Provider.
You agree not to use any obscene, indecent or offensive language
or to place on the Site any material that is defamatory, abusive,
harassing or hateful. Further, you may not place on the Site any
material that is encrypted, constitutes junk mail or unauthorized
advertising, invades anyone's privacy, or encourages conduct that
would constitute a criminal offense, give rise to civil liability,
or that otherwise violates any local, state, national or international
law or regulation. You agree to use the Site only for lawful purposes,
and you acknowledge that your failure to do so may subject you
to civil and criminal liability. You are responsible for ensuring
that any material you provide to the Site or post on a bulletin
board or forum, including but not limited to text, photographs
and sound, does not violate the copyright, trademark, trade secret
or any other personal or proprietary rights of any third party
of is posted with the permission of the owner(s) of such rights.
Material on the Site is for your personal use only. The Site contains
copyrighted and other proprietary information. You may not in
any way make commercial or other unauthorized use, by publication,
retransmission, distribution, performance, caching or otherwise,
of material obtained through the Site, except as permitted by
the Copyright Act or other law or as expressly permitted in writing
by this Agreement, Service Provider or the Site. You agree not
to disrupt, modify or interfere with the Site, or its associated
software, hardware, and/or servers in any way, and you agree not
to impede or interfere with others' use of the Site. You further
agree not to alter or tamper with any information or materials
on or associated with the Site. Other than connecting to Service
Provider's servers by http requests using a Web browser, you my
not attempt to gain access to Service Provider's servers by any
means - including, without limitation, by using administrator
passwords or by masquerading as an administrator while using the
Site or otherwise. You acknowledge that Service Provider has not
reviewed and does not endorse the content of all sites linked
to/from the Site and is not responsible for the content or actions
of any other sites linked to/from the Site. Your linking to any
service or site is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU For information regarding
use of the material and information you supply or communicate
with the Site, please see our Privacy Policy found at the bottom
of each page. By posting messages, uploading files, inputting
data, or engaging in any other form of communication through the
Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate,
enhance, transmit, distribute, publicly perform, display, or sublicense
any such communication (including your identity and information
about you) in any medium (now in existence or hereinafter developed)
and for any purpose, including commercial purposes, and to authorize
others to do so.
MATERIALS POSTED BY OTHERS You agree that the Service
Provider and its third part service providers are not responsible,
and shall have no liability to you, with respect to any information
or materials posted by others, including defamatory, offensive
or illicit material, even material that violates this Agreement.
COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER
Service Provider does not necessarily endorse, support, sanction,
encourage, verify or agree with the comments, opinions or statements
posted on bulletin boards, forums or otherwise contained in the
Site. Nor does Service Provider or its third-party providers make
any warranties with respect to any of the merchandise featured
or mentioned in the Site. Any information or material placed online,
including advice and opinions, are the views and responsibility
of those who post the statements, or those who actually sell any
merchandise, and do not necessarily represent the views of the
Service Provider or its third-party providers.
INDEMNIFICATION You agree to indemnify the Service Provider
and its affiliates, employees, agents and representatives, and
to hold them harmless, from any and all claims and liabilities
(including attorneys fees) which may arise from your submissions,
from your unauthorized use of material obtained through the Site,
or from your breach of this Agreement, or from any such acts through
your use of the Site.
EDITING AND DELETIONS The Service Provider reserves the
right, but undertakes no duty, to review, edit, move, or delete
any material provided for display or placed on the Site or its
bulletin boards, in its sole discretion, without notice.
ADDITIONAL RULES Service Provider reserves the right
to post, from time to time, additional rules of usage that apply
to specific parts of the Site, Such additional rules will be posted
in the relevant parts of the Site, and will be clearly identified.
Your continued use of the Site constitutes you agreement to comply
with these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU
ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE
Site IS PROVIDED "AS IS", AND SERVICE PROVIDER, ITS AFFILIATES
AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL,
IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO
THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN
OR PROVIDED BY THE SITE. SERVICE PROVIDER, ITS AFFILIATES AND
ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT
THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE
WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED
INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.
THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR
ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR
RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION
OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO
RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE
PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL)
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY
WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". TERMINATION
OF ACCESS TO THE SITE Service Provider has the right to terminate
your ability to access the Site, for any reason, without notice.
JURISDICTION Service Provider makes not representation
that materials on the Service are appropriate, available or legal
in any particular location. Those who choose to access the Service
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed
and construed in accordance with the laws of the commonwealth
of Puerto Rico applicable to contracts to be wholly performed
therein, and any action based on or alleging a breach of this
Agreement must be brought in a state or federal court in Vega
Baja, PR. In addition, you agree to submit to the personal jurisdiction
and venue of such courts.
FORCE MAJEURE Service Provider shall not be liable for
delays in performing or failure to perform this Agreement or any
obligations hereunder, which are directly attributable to causes
beyond its reasonable control, including, but not limited to,
acts of God, fires, strikes, labor disputes, war, acts or intervention
by any governmental authority, failure of a common carrier, supplier,
hardware, software, browser, or communications equipment, or network
failure, congestion, or malfunction. If you don't agree to the
terms contained in this Agreement, please exit the Service. Please
click the Back button on your browser to return to the previous
page.
