Without limiting the generality of the aforementioned, you acknowledge that such consideration includes your use of the Site entyva.com and the getting of data, materials and information that are available on or through the site entyva.com, the use or display of your Solicited Submissions (as that term is defined in Section 3 below entitled "SUBMISSIONS") and the possibility of advertising and promotion that they could receive.
2. USE OF CONTENT
All copyright on the information, materials, functions and other content (including Submissions, as defined in Section 3 below entitled "SUBMISSIONS") ("Content") contained on the site entyva.com belong to us. All trademarks, service marks, trade names and trade dress included on the site entyva.com are our property and / or property of our licensors or licensees. We can change the site entyva.com or delete any Content or features at any time, in any manner or for any reason or no reason.
Unless you have our specific written agreement, you may not use, reproduce, transmit, distribute or exploit in any way any Content from the site entyva.com, except as part of the Site entyva.com or when downloading particular contents is allowed. In the event of this case, the download is limited to a copy of the Content for a single computer for your personal, noncommercial domestic use; and You: (a) should keep intact all copyright and other proprietary rights (b) may not make changes to the Content, and (c) should not use the Content in a manner that suggests an association with any of our products, services or brands. The commercial use of ENTYVA.COM site is forbidden, as well as the "re-mailing", the high volume use and the automatic use of ENTYVA.COM site.
In the event that we offer downloads of software from the Site ENTYVA.COM and you so download, the software, files, and images incorporated in or generated by the software, and the data accompanying the software (collectively "Software") are granted to You as a license under our rights or third-party licensors for your personal, noncommercial domestic use. We do not transfer you the ownership of the Software. You may not redistribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to any format which can be read.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide us via any feature or activity on any site ENTYVA.COM for review or to be shown to us or to receive a possible consideration or specifically defined compensation (collectively, "Consideration") (such as prizes or other valuables in games, sweepstakes, contests and promotions) and (b) that you Distribute on or through any Site ENTYVA.COM for which You do not seek Consideration (such as in our Guest Services and in Public Forums (as that term is defined in Section 6 below, entitled "PUBLIC FORUMS AND COMMUNICATION")). The "Unsolicited Submissions" are any and all Submissions that do not fall within the items (a) or (b) of this paragraph. DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; THERE IS NO IMPLIED CONTRACT TO IT.
Our company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through the Site ENTYVA.COM.
We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem in the eyes of others, similar to their own creative work. That is why we ask you not to distribute any Unsolicited Submission. In any case, you agree that (a) any Submissions you make is not being made in confidence or trust, (b) is not deemed to exist and should not be created in no way any confidential or fiduciary relationship between you and us, and (c) You have no expectation on the review, compensation or consideration of any kind (other than any fixed consideration).
4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual license (or the maximum period permitted by applicable law), non-exclusive, irrevocable, fully paid, royalty-free, susceptible to be sub-licensed and transferable (in whole or in part) worldwide under all copyrights, trademarks, patents, trade secrets, rights of privacy and publicity and other intellectual property rights in your possession or under your control, to use, reproduce, transmit, display, perform, distribute, show, discuss, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or likely to be created in the future (including the site ENTYVA.COM, in third-party Web sites, in our networks and broadcast cable stations and our broadband and wireless platforms, products and services, on physical media and theatrical release) for any and all purposes including entertainment, news, advertising, promotion, marketing, publicity, trade or commercial purposes, all without notice to you, with or without attribution to you and without requiring any permission from you or any other person or entity and without payment to you or any other person or entity ("Submissions License").
To the extent that any Submissions you Distribute on or through the Site ENTYVA.COM contain original songs or recordings, you hereby declare that you are a member of the composer rights or appropriate execution society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of a society of composer and execution rights or not, you hereby grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through the site ENTYVA.COM (including games, sweepstakes, contests, promotions and Public Forums (as defined in Section 6 below entitled "PUBLIC FORUMS AND COMMUNICATION ")) requiring the use of works for which we have reserved copyright (wholly or partially), this act will grant you a nonexclusive license to create derivative works using such works for which we have reserved the rights of author (in whole or in part) as needed (but only as it is necessary and only for the purpose of creating your Submissions), provided, however, that such license shall be conditioned upon your assignment of all rights on the work you create. If such rights are not assigned to us, your license to create derivative works using works over which we have reserved copyright (wholly or partially) is void. You give your agreement to the granting of rights, consents, agreements and assignments above mentioned whether or not we use your Submissions.
Some services on the site ENTYVA.COM allow or require you to create an account to participate or obtain additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using the user name, password or other account information of another person or the name, likeness, voice, image or photograph of another person. You also agree to promptly notify firstname.lastname@example.org of any unauthorized use of your username, password, other account information or any other violation of security that has knowledge in relation to any Site ENTYVA.COM. Moreover, you agree to exit from your account at the end of each session.
6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of any Site ENTYVA.COM offering the opportunity for users to Distribute Submissions for viewing by one or more users of the site ENTYVA.COM, including an area of "chat "message board, instant messages, messages to cell phones, community environment, profile page, conversation page, "blog" e-mail functions (including greeting cards by email and email between friends).
You acknowledge that Public Forums and features offered therein are for public and not private communications, so any Submission to a Public Forum has expectation of privacy. We can not guarantee the security of any information you disclose through any of these means so that you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through any ENTYVA.COM Site under your username or by you in any way in a Public Forum and for the consequences of such submitting and posting. We have no responsibility to monitor any Public Forum.
You should also be skeptical about information provided by others. You acknowledge that use of any Submission posted in any Public Forum is at your own risk. For example: we are not responsible for and does not endorse opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in this regard.
We have no obligation to you and therefore we may refuse to publish, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.
7. RULES OF CONDUCT
The following Rules of Conduct apply to the site ENTYVA.COM. By using the site ENTYVA.COM, you agree not to Distribute any Submission that:
1. (a) Is defamatory, abusive, harassing, threatening or an invasion of a right of privacy of another person, (b) is bigoted, hateful or offensive with regard to race or other issues, (c) is violent, vulgar , obscene, pornographic or otherwise explicit from the sexual point of view, or (d) or would reasonably be expected to prejudice otherwise to any person or entity.
2. Is illegal or encourages or invoke illegal activities or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in child pornography, stalking, sexual harassment, fraud, trafficking in obscene or stolen material, drug trade and / or drug abuse, harassment, theft and conspiracy to commit any criminal activity.
3. infringes or violates any right of third parties including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights, (b) right of privacy (specifically, you may not distribute personal information of any person of any kind without their express permission) or publicity, or (c) any obligation of confidentiality.
4. be commercial, a business-related or advertises or offers to sell any product, service or other item (whether for profit or not) or make other orders (including solicitations for contributions or donations).
5. contains a virus or other harmful component or otherwise tampers with, impairs or damages ENTYVA.COM site or any connected network, or otherwise interfere with the use and enjoyment of the site ENTYVA.COM by any person or entity.
6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures, or (c) is antisocial, disruptive, or destructive, including sending or displaying insulting messages, the abuse of electronic messaging system to send "junk" unsolicited and unwanted messages, and / or "flaming", "spamming", "flooding", "trolling" and "griefing" as these terms are commonly understood and used on the Internet.
8. COOPERATION; DELETE PRESENTATIONS
9. CONTENT ACCESSIBLE THROUGH LINKS FROM SITES ENTYVA.COM AND SEARCH RESULTS
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained in sites found in searches and / or listed in search results or identified on search results pages ENTYVA.COM site.
10. EXONERATED CLAUSE
THE CONTENT ON OR OTHERWISE RELATING TO THE SITE ENTYVA.COM OR THIRD PARTY SITES OR SERVICES LINKED TO ANY SITE ENTYVA.COM IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONDITION TO BE COMPLETE, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT IS ERROR-FREE, THAT ACCESS TO THE IT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE ENTYVA.COM OR SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF ANY CONTENT. YOU HEREBY WAIVE ALL IRREVOCABLY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT PROVIDED BY YOU TO THIRD PARTY SITES (INCLUDING CREDIT CARD INFORMATION OR ANY OTHER PERSONAL INFORMATION).
Furthermore, the Content is not intended to replace professional medical advice. Always seek the advice of your physician with any questions regarding a medical condition. If you believe in the presence of a medical emergency, call your doctor or local emergency service concerned. Reliance on any information in ENTYVA.COM Site is strictly at your own risk.
ENTYVA.COM site may contain opinions and views of other users. Given the interactive nature of these sites, we can not endorse, guarantee or be responsible for the accuracy, efficacy or veracity of any content generated by our users.
ENTYVA.COM site content is intended only for educational and entertainment purposes. Such content is not intended to constitute, and in no way constitutes legal advice or diagnosis, professional, medical or health information, and can not be used for this purpose. You should always require the advice of your doctor or qualified health professional if you have questions regarding your medical condition. You should not proceed or fail to proceed based on any content contained or accessed through the site ENTYVA.COM without requiring legal or professional advice appropriate to each case and circumstance by your attorney or any professional authorized by your country, state or licensing jurisdiction.
We reserve the right, at our own expense, to employ an independent counsel and assume the exclusive defense and control of any matter that is subject to indemnification from your part.
12. LIMIT OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR THEIR RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND EACH OF THE FOREGOING ENTITIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL , SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM (A) THE USE OF OR INABILITY TO USE, ANY SITE ENTYVA.COM OR ITS CONTENT OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE ENTYVA.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR ILLICIT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR 100$ (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE ENTYVA.COM. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR THEIR RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND ANY OF THE FOREGOING ENTITIES, BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE THAT DIRECTLY OR INDIRECTLY ARE A RESULT OF A FORCE MAJEURE OR OF CAUSES BEYOND OUR REASONABLE CONTROL OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR ACCESS TO THE SITE ENTYVA.COM OR MODIFY THE SITE ENTYVA.COM OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME FOR ANY REASON OR NO REASON WITHOUT ANY RESPONSIBILITY.
13. JURISDICTION AND COMPETENCE
15. GENERAL ARRANGEMENTS
The provision of goods, services and software through the Site ENTYVA.COM is subject to export control requirements of the U.S. economic sanctions and to the import requirements that could apply. By purchasing any item through ENTYVA.COM Site, you state and warrant that your acquisition and use of the good conforms to these requirements.
16. INFRINGEMENT CLAIMS OF COPYRIGHT
We have adopted and implemented a policy that provides for the termination in certain circumstances, as determined by us in our sole discretion, of users who violate copyrights.
In accordance with Title 17, section 512 (c) (2) of the United States Code, notifications of claimed infringements of copyright should be sent to the Designated Agent of the Services Provider.
The notice must be addressed to the following Designated Agent:
20801 Biscayne Boulevard, Suite 403, Aventura, FL 33180
Tel: ++1 (305) 933-0599
Fax: ++1 (786) 735-3033
To be effective, the notification must be a written communication that includes the following:
1. The physical or electronic signature of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. The identification of the work which has existing copyright that are claimed to have been infringed, or, in the case that a single notice is covering multiple works that are copyrighted in a single online site, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or that is subject to the offense and that must be removed or its access to be disabled, and enough information to allow us to locate the material.
4. Enough information to allow us to contact the complaining party, such as an address, telephone number, and if available, an email address to communicate with the complainant.
5. A statement to the effect that the applicant have a good faith belief that use of the material in the manner complained is not authorized by the holder of copyright, its agent or the law.
6. A statement to the effect 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 an exclusive right that is allegedly infringed.
We may notify you that we have removed or disabled access to certain material by means of a general notice on any Site ENTYVA.COM, by email to the email address of the user on our records, or by written communication mailed to the physic address in our records.
If you receive such notification, you can answer it in writing to the designated agent as provided above. In order that your response to our notification be effective, it must be in writing and shall contain the following:
1. Your physical or electronic signature.
2. Identification of the removed material or the material to which access has been disabled and the location at which the material appeared before it was removed or disabled access to.
3. An affidavit from you stating that you have a good faith belief that the material was removed or its access has been disabled as a result of mistake or misidentification of the material to be removed or to which access should be disabled.
4. Your name, physical address and phone number and a statement that you agree to submit to the jurisdiction of the Federal District Court for the judicial district where your physical address is, and if your physical address is outside United States of America, to any district in which ENTYVA.COM has an address and that you consent to be notified about the existence of a lawsuit by the person who reported the existence of the allegedly infringing material or its agent.