Terms and Conditions
Welcome to the Internet site of The Abaunza Group (the “Site”).
The Abaunza Group does not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
2. User Content:Some services or features allow you to upload, publish, publicly perform, or display (hereinafter, to “post’) content on the Site, including, without limitation, text, video, audio, images, photographs, music, data, multimedia, messages, announcements, documents, comments, and any and all other information and material you may post to a Site (collectively, “User Content”). You are solely responsible for any and all User Content you post to any Site.
You are solely responsible for creating backup copies of any User Content you post to a Site. By posting User Content to any part of a Site, you automatically grant, and you represent and warrant that you have the right to grant, to The Abaunza Group an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, display, reformat, translate, excerpt (in whole or in part), create derivative works of, and distribute such User Content for any purpose.
3. Public Forums:“Public Forum” means an area, service, or feature offered as part of any Site that allows users the opportunity to post User Content for viewing by Site users, including, without limitation, chat areas, blogs, comments, message boards, interactive pages, messaging, social community environments and profile pages. You acknowledge that Public Forums offered on any Site are for public and not private communications, and you have no expectation of privacy with regard to any User Content posted to a Public Forum. We do not guarantee the security of any information you disclose on Public Forums through the Site; you make such disclosures at your own risk.
You are and shall remain solely responsible for all User Content posted on the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum, but reserve the right to do so at any time for any or no reason. You acknowledge that your posting of any User Content in a Public Forum is at your own risk.
We are not responsible for, and do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
4. Rules of Conduct:The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not post any User Content nor engage in any activity on any Site that:
(a) is defamatory, libelous, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
(b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
(d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(e) infringes or violates any right of a third party including, without limitation,
(i) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
(ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or
(iii) any confidentiality obligation;
(f) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
(g) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
(h) does not generally pertain to the designated topic or theme of the relevant Public Forum;
(i) violates any specific restrictions applicable to a Public Forum, including ,without limitation, its age restrictions and procedures; or
(j) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
5. Claims of Copyright Infringement:If you believe in good faith that your copyrighted work has been used on the Site without authorization in a way that constitutes copyright infringement, please provide the following information, to
The Abaunza Group
357 S. Curson Ave. Suite 10H
Los Ángeles, CA 90036
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and, in our sole discretion, reserve the right, but not the obligation, to terminate the Site privileges of those who infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
6. User Accounts:Some services or features on the Site may permit or require you to create an account to participate or gain access. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the The Abaunza Group registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify The Abaunza Group at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.
7. Children Under 13:The Children’s Online Privacy Protection Act of 1998 (COPPA) governs how information is gathered online and how it is used when communication is received from children under the age of 13.
We take children’s privacy and safety very seriously. We do not request, seek or intentionally collect personal information from children under the age of 13. Certain features on the Site require users to register and create an account, which involves the collection of personally identifiable information. A child under age 13 may accidentally provide personal information on one of these registration forms. If this should happen, and we are able to determine that the sender is under the age of 13, we will not disclose any of the child’s information to a third party.
Should a parent discover that his/her child has submitted personally identifiable information on any Site, the parent may submit a written request within sixty (60) days to our webmaster, asking to have the information deleted or refuse to allow any further collection or use of the child’s information.
THE ABAUNZA GROUP SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS AND FEATURES MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE ABAUNZA GROUP MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE ABAUNZA GROUP SITE; (B) THE CONTENT AND SOFTWARE ON AND THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE ABAUNZA GROUP CONTENT AND USER CONTENT; (C) THE FUNCTIONS AND FEATURES MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; AND/OR (D) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR LINKS TO THIRD PARTY WEBSITE. THE ABAUNZA GROUP DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR FEATURES OR ANY CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE ABAUNZA GROUP DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE ABAUNZA GROUP SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY FUNCTIONS OR FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR ANY CONTENT THEREIN. FURTHER, THE ABAUNZA GROUP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE ABAUNZA GROUP SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS. THE ABAUNZA GROUP DOES NOT ENDORSE, GUARANTEE, OR CLAIM RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT SUBMITTED BY USERS OF ANY ABAUNZA GROUP SITE.
10. Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL THE ABAUNZA GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, 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, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF THE ABAUNZA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE ABAUNZA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (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.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE ABAUNZA GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THE ABAUNZA GROUP’S REASONABLE CONTROL.
THE ABAUNZA GROUP MAY TERMINATE YOUR FURTHER ACCESS TO SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.