GUIDELINES
AND TERMS OF SERVICE
This Agreement sets forth the terms and conditions
which apply to your use of the WWW.CENTRAMERICA.COM web
site (the "Service") which are offered to you by
Centramerica.com Group, ("Centramerica.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.centramerica.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
Centramerica.com Group may decide to offer, subject to the
terms hereof. Centramerica.com Group 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 Centramerica.com Group's sole
discretion and without prior notice or liability. The
terms of the Service may be updated by Centramerica.com
Group 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
Centramerica.com Group 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
Centramerica.com Group and its affiliated companies and
contains material which is derived in whole or in part
from material supplied and owned by Centramerica.com Group
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 Centramerica.com Group and
Centramerica.com Group does not transfer title to any such
Material to you.
2. Registry rules and guidelines.
a. General. Centramerica.com Group'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. Centramerica.com Group’s
People Directory, and Dating Service
("Registered Services") are all currently
provided for free to users who register with
Centramerica.com Group’s People Directories.
Centramerica.com Group 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 Centramerica.com
Group registration. Users under the age of 18 must have
parental consent before joining Centramerica.com Group,
and children under the age of 13 should not register
with Centramerica.com Group. 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 Centramerica.com Group 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.
Centramerica.com Group 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. Centramerica.com Group, at its sole
and absolute discretion, shall determine whether any
information transmitted or received violates this
provision.
(2) Monitoring. You understand that
Centramerica.com Group has no obligation to monitor the
Registered and Free Services areas. However,
Centramerica.com Group 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 Centramerica.com Group's sole and
absolute discretion are objectionable or in violation of
this Agreement. You acknowledge that Centramerica.com
Group 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 Centramerica.com Group 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 Centramerica.com Group. The
foregoing grants shall include the right to exploit any
proprietary rights in such Communication, including but
not limited to rights under copyright, trademark, service mark, 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 Centramerica.com Group, 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 Centramerica.com Group,
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.
Centramerica.com Group is pleased to hear from users and
welcomes your comments regarding Centramerica.com
Group's programs and services. Centramerica.com Group'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 Centramerica.com Group'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 Centramerica.com Group,
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 Centramerica.com Group’s Online Products
Search, Centramerica.com Group does not endorse or
recommend, the services of any particular company, unless
if specified by Centramerica.com Group.
5. Disclaimer of Warranties.
CENTRAMERICA.COM GROUP 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 CENTRAMERICA.COM
GROUP, 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,
CENTRAMERICA.COM GROUP DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. CENTRAMERICA.COM GROUP 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. CENTRAMERICA.COM GROUP 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 CENTRAMERICA.COM GROUP, 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 CENTRAMERICA.COM GROUP OR
ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CENTRAMERICA.COM
GROUP, 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
CENTRAMERICA.COM GROUP, 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 Centramerica.com Group, 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
Centramerica.com Group believes that you have violated or
acted inconsistently with the letter or spirit of the
terms of the Service. Centramerica.com Group 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 Centramerica.com
Group 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 Centramerica.com Group
shall not be liable to you or any third-party for any
termination of your access to the Service.
9. Trademarks.
Centramerica.com and the Centramerica.com logo are
trademarks of Centramerica.com Group, 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
CENTRAMERICA.COM GROUP or the owner of such trademark, service mark
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, Centramerica.com Group 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.
CENTRAMERICA.COM GROUP 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 Centramerica.com Group 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:
Centramerica.com Group
By phone: (502) 331 3009
By email: CostumerService@centramerica.com
13. Modification.
CENTRAMERICA.COM GROUP 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
CENTRAMERICA.COM GROUP. 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 CENTRAMERICA.COM
GROUP 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 several 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. |
