2. CONTENT POLICY
You understand that all listings, messages, comments, files, images, photos, video, sounds, or any other material ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person who originated such Content. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You understand that Los Optimizadores does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Los Optimizadores site and Content available through the website may contain links to other websites, which are completely unrelated to Los Optimizadores. Los Optimizadores makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Los Optimizadores be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that Los Optimizadores does not pre-screen or approve Content, but that Los Optimizadores will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
You agree not to post, email, or otherwise make available Content:
* that violates any law,
* that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
* that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited to, a Los Optimizadores employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
* that includes personal or identifying information about another person without that person's explicit consent.
* that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
* that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Los Optimizadores sites which are not designated for such purposes; or (2) emailed to Los Optimizadores users who have requested not to be contacted about other services, products or commercial interests.
* that includes links to commercial services or web sites, except as specifically allowed by Los Optimizadores
* that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by New York law * that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
* post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
* post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
* attempt to gain unauthorized access to Los Optimizadores's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Los Optimizadores website.
By using this website acknowledge and agree that Los Optimizadores may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Los Optimizadores, its users or the general public. Los Optimizadores reserves the right to facilitate this information to it's partner companies.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a Los Optimizadores agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at legal@Los Optimizadores.com.
To do so, please provide our representatives with the following Notice:
1. Identify the content on the Los Optimizadores site that you claim is infringing your rights, with enough detail so that we may locate it on the website;
2. A statement by you that you have good reason that the disputed use is not authorised by the copyright owner, its agent, or the law;
3. A statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or internet/electronic signature.
We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Los Optimizadores email addresses or through Los Optimizadores computer systems, is expressly prohibited by these Terms. Any unauthorized use of Los Optimizadores computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
Los Optimizadores shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals.
You agree that Los Optimizadores shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Los Optimizadores is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Los Optimizadores, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
8. LIMITATION AND TERMINATION OF SERVICE
You acknowledge that Los Optimizadores may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Los Optimizadores has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Los Optimizadores reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Los Optimizadores shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Los Optimizadores, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Los Optimizadores believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Los Optimizadores shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
9. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Los Optimizadores is a mark of toXin works s.l. registered in Spain. SmartKeys intellectual and propietary rights belong to toXin works s.l. Although Los Optimizadores does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Los Optimizadores an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. We need these rights in order to host and display your content
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE LOS OPTIMIZADORES SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LOS OPTIMIZADORES SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LOS OPTIMIZADORES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LOS OPTIMIZADORES SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LOS OPTIMIZADORES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOS OPTIMIZADORES SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LOS OPTIMIZADORES SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LOS OPTIMIZADORES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LOS OPTIMIZADORES SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Los Optimizadores BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Los Optimizadores HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Los Optimizadores SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Los Optimizadores SITE OR THE SERVICE, FROM INABILITY TO USE THE Los Optimizadores SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Los Optimizadores SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Los Optimizadores SITE OR THE SERVICE OR ANY LINKS ON THE Los Optimizadores SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Los Optimizadores SITE OR THE SERVICE OR ANY LINKS ON THE Los Optimizadores SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You hereby agree, at your expense, to indemnify and hold Los Optimizadores, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. GENERAL INFORMATION
These Terms and the other policies posted on Los Optimizadores constitute the complete and exclusive understanding and agreement between you and Los Optimizadores and govern your use of the Service superceding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
The Terms and the relationship between you and Los Optimizadores shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Los Optimizadores agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of Los Optimizadores to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for review using the Contact link at the bottom of the Los Optimizadores home page, or by emailing to info@LosOptimizadores.com.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Los Optimizadores liquidated damages as follows:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that Los Optimizadores in its sole discretion may disclose identifying information about you to the victim, and that should Los Optimizadores bring a claim against you in court, that you will pay Los Optimizadores one thousand dollars (1,000€) for each such message.
b. If Los Optimizadores establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Los Optimizadores one hundred dollars (300€) for each message posted in excess of such limits or for each day on which you access Los Optimizadores in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Los Optimizadores email addresses or through Los Optimizadores computer systems, you agree to pay Los Optimizadores fifty euros (50€) for each such email.
Otherwise, you agree to pay Los Optimizadores's actual damages, to the extent such actual damages can be reasonably calculated. Aditionally the user denies any claims over any payment already made.