Last Updated: September 1 2010
(a) These terms and conditions (referred to in this document as these “Terms”) govern your use of www.universoalessandra.com and all sites owned or operated by Powwow Media Partners LLC and Tu Sexóloga.com Enterprises, Inc. or any of its affiliates, on which these Terms are posted, as well as any content, products, services, features, functions or other resources offered on any of those sites (all such sites are collectively referred to in this document as the “Site”). By using the Site, you are acknowledging that you have agreed to be bound by, and comply with, these Terms.
(b) References in these Terms to “you” or “your” or variations thereof shall mean individual users of the Site, and references to “we,” “our,” “us” or variations of any of these, or to “Powwow Media Partners LLC and Tu Sexóloga.com”, shall mean Powwow Media Partners LLC and Tu Sexóloga.com Enterprises, Inc. and its affiliates.
(c) Your use of certain aspects of the Site may be governed by additional terms, which are hereby incorporated into these Terms by this reference. By using any aspect, you acknowledge that you have reviewed all terms for the aspect in question and agree to be bound by them.
(a) These Terms may be modified from by us at any time in our sole discretion. We will notify you of substantive changes by posting a public notice on the Site stating that changes have been made, and advising you to review the revised Terms. Your continued use of the Site constitutes your acceptance of the modified version of these Terms. You can determine when these Terms were last revised by looking at date listed by the “Last Updated” legend at the top of these Terms. If, at any time, you choose not to accept these Terms (including any amendments ), please cease use of the Site.
(b) We also reserve the right, at any time, to (a) change or discontinue any service, content or feature of the Site or any product made available through the Site, (b) charge fees in connection with the use of the Site, (c) modify and/or waive any fees charged in connection with the Site, (d) and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
(a) While certain parts of the Site may be used without registration, other parts of the Site, or content or features of the Site, may only be used or available to registered users. If you decide to become a registered user (referred to in these terms as a “Member”), you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (2) maintain and update your information to keep it accurate, current, and complete. You may review, correct, change, or update your membership information by visiting the My Profile section of the Site. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Sites.
(b) As part of the membership process, you will be asked to select a username and password. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. Your username and password are for your personal use only, and may not be used by any other person. You agree not to transfer or resell your use of or access to the Site (including your username and password) or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by visiting the My Profile section of the Site. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases) that are conducted through your account.
Use of this Site is not intended for children under the age of 16. Children under the age of 16 are not permitted to register on this Site or purchase subscriptions, or use any functionality for which registration or subscription is required. Powwow Media Partners LLC and Tu Sexóloga.com will not knowingly collect information from these children. If your child has submitted personal information and you would like to request that such information be removed, please contact us email@example.com. Any information submitted by a child under the age of 16 onto a public forum controlled by Powwow Media Partners LLC and Tu Sexóloga.com will remain public until we have been notified of such publication and have had reasonable opportunity to remove that information accordingly.
5. Content of the site and ownership
(a) The Site and the contents of the Site are intended for your personal use only. The Site contains copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music, sound and other such materials (collectively, the “Site Content”). The Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws, and the Site Content is protected by copyright, trademarks and other intellectual property rights. The Site and the Site Content are owned by Powwow Media Partners LLC and Tu Sexóloga.com and its third party providers.
(b) Subject to your compliance with these Terms, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent. Under no circumstances may you ever modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content.
(c) You acknowledge that “Alessandra Rampolla”, “Alessandra”, “Universo Alessandra”, “Tu Sexologa” and other such names and corresponding or other logos used on the Site are trademarks and/or services marks of Powwow Media Partners LLC and Tu Sexóloga.com and/or its affiliates. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of Powwow Media Partners LLC and Tu Sexóloga.com. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Powwow Media Partners LLC and Tu Sexóloga.com’s trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.
6. Third party sites
(b) Other sites may provide links to the Site with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products, services or other materials available on any such sites, or any loss or damages incurred in connection with any such site. Powwow Media Partners LLC and Tu Sexóloga.com shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice. If you would like our approval to link to the Site, please contact us at firstname.lastname@example.org. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link to the Site at our discretion at any time.
(c) YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY SITE AND SUCH MATERIALS.
7. User provided content
(a) The Site may contain sections such as blogs, comment boxes, and other such forums, which allow users to post, transmit, or otherwise make available content, which may include opinions, ideas, text, pictures, audio and video content, and other such content. All such user provided content is referred to as “User Provided Content”. You hereby agree that any User Provided Content which you provide will be consistent with, and will not violate any of the restrictions in, the section below titled “Site Conduct”.
(b) We are not responsible for User Provided Content. Without limiting the generality of the foregoing statement, we are not responsible for screening User Provided Content for materials that violate the section below titled “Site Conduct.”
(c) By posting User Provided Content on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive, royalty free, sub-licensable, transferable right to edit and modify such content, and to distribute such User Provided Content, in its original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed, and to otherwise use and exploit such content in any matter. You also warrant that you own or otherwise control all of the rights to the User Provided Content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived.
(d) Finally, you agree that you are not entitled to any compensation for any User Provided Content that you may post on the Site, or for our use of that content.
8. Site conduct
(a) The Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Site. Decisions as to whether any User Provided Content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting User Provided Content on the Site. Without limitation, your use of the Site is conditioned on your compliance with the guidelines set forth in this section, and any failure to comply with such guidelines may result in termination of your access to the Site. Please note, these are guidelines only, and we reserve the right to remove any User Provided Content at any time and for any reason.
(b) You may not post or transmit any material or content on or through the Site: (i) that violates or infringes in any way upon the rights of others; (ii) that solicits, encourages, or promotes the use of illegal substances or activities; (iii) which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable; (iv) that is protected by copyright, trademark, trade secret or any other proprietary right; (v) that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or (vi) that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
(c) You may not post or transmit on or through the Site: (i) advertising or commercial solicitations; (ii) promotional materials relating to other Web site or online services which are competitive with us and/or the Site; (iii) software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; (iv) political campaign materials; chain letters; mass mailings; spam mail; (v) any material, non-public information about a company without the proper authorization to do so.
(d) In connection with your use of the Site, you may not: (i) engage in, or encourage or provide instructional materials relating to, any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site; (ii) harvest or collect information about Site visitors or Members without their express consent; (iii) use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose; (iv) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site; (v) frame or mirror any part of the Site without our prior written consent; (vi) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks; (vii) impersonate any person or entity, including any representative of Powwow Media Partners LLC and Tu Sexóloga.com; (viii) falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; (ix) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or (x) remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
(e) You may not use spiders, robots, data mining techniques or other automated devices or programs, or any manual process, to retrieve, index, catalog, data mine, download or otherwise reproduce, store or distribute content available on the Sites. You may not take any action to interfere with, or disrupt, the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
We welcome your comments about the Site. However, unless a Site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We do this to avoid disputes based on a user arguing that ideas or content developed by us and our staff are based on submissions provided by that user. Therefore, unless we expressly solicit submissions, please do not send us creative ideas, suggestions or materials. IF, DESPITE THIS REQUEST, YOU DO SEND US ANY CREATIVE IDEA, SUGGESTION OR MATERIAL (“SUBMISSION”), YOU DO SO WITH THE UNDERSTANDING THAT IT SHALL BECOME OUR PROPERTY. Without limiting the generality of the foregoing, we will be free to use or share you Submission, and we will not be liable to you and any third party for any use or disclosure of any Submission, and we will be free to use and exploit the Submission in any manner and use if for any purpose and in any medium, without compensation to the you.
10. Disclaimers and liability limitations
(a) THE SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE HEREBY WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ON BEHALF OF POWWOW MEDIA PARTNERS LLC AND TU SEXÓLOGA.COM AND ITS SUPPLIERS, WE MAKE NO PROMISE, GUARANTY OR WARRANTY (1) THAT THE SITE BE ERROR FREE OR OPERATE IN AN UNINTERRUPTED MANNER, (2) THAT THE SITE WILL BE FREE FROM VIRUSES OF OTHER HARMFUL CODE, (3) THAT THE SITE WILL BE FREE OF DEFECTS OR THAT WE WILL CORRECT ANY DEFECTS IN THE SITE, (4) THAT ANY RESULTS YOU OBTAIN USING THE SITE WILL BE ACCURATE, CORRECT OR RELIABLE, (5) THAT ANY CONTENT PROVIDED ON THE SITE IS ACCURATE, CORRECT OR RELIABLE, (6) WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THE SITE, OR (7) WITH RESPECT TO ANY TRANSACTION BETWEEN USERS OF THE SITE AND ANY THIRD PARTY SITES OR THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
(b) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS OR REVENUES, AND ALL OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) APPLICABLE LAW MAY NOT ALLOW THE DISCLAIMERS, OR THE LIMITATION OR EXCLUSION OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US DURING ANY THREE (3) MONTH PERIOD, IF ANY, FOR ACCESSING THE SITES.
(d) REFERENCES IN THIS SECTION TO SITE SHALL INCLUDE ALL OR ANY PORTION OF THE SITE, INCLUDING ANY SERVICES, PRODUCTS, CONTENT, FEATURES OR OTHER RESOURCES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE SITE.
(e) Without limiting the generality of the above disclaimers, the information contained in or made available through the Site (including but not limited to information contained on message boards, in text files or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. You should not rely on the Site for any such matters, and instead, should consult an appropriate professional, whether it be a physician, financial adviser, lawyer or otherwise.
You agree to defend, indemnify and hold Powwow Media Partners LLC and Tu Sexóloga.com (and its affiliates, suppliers and business partners, and its and their officers, directors, employees and agents) harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’ fees) arising from: (i) any breach by you of any of these Terms, (ii) any User Provided Content you provide or any Submission by you, (iii) your use of the Site (or any content, features, functions, services, products or other such resources provided through the Site), or (iv) your violation of any law.
13. Jurisdictional issues
We control and operate this Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Miami, Florida If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains.
15. Copyright infringement claims
As discussed above, the Site contains User Provided Content and content that we receive from third parties. It is our policy not to include any content on the Site that infringes upon the copyright rights of third parties. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; or (6) a statement 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. All such notices should be provided to our designated agent as follows:
Powwow Media Partners LLC
398 East Dania Beach Blvd-S105
33004 – Dania Beach