Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
David Fernandez, provides this website (the "Site"), together with the e-commerce, membership and other services you see here and on our related websites (collectively, the "Services"), subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions. In addition, when using particular services provided by David Fernandez, such as viewing any clips or participating in any contests, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE.
This Agreement is made between David Fernandez and you, as a Site visitor and/or Member (“you”). We reserve the right at any time to:
- change the terms of this Agreement;
- change the Services, including eliminating or modifying any content on or feature of the Site; or
- change any fees or charges for use of the Services.
Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the “Last Revised” date at the top of the Agreement.
(2) CODE OF CONDUCT. While using the Site, the Services, and/or Downloads (as defined below), you agree not to:
A. Post, transmit, or otherwise make available anything that is or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. ANY PERSON WHO HAS BEEN FOUND TO VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS SHALL BE BARRED FROM ALL FURTHER USE OF THE SITE.
B. Reproduce, duplicate, copy, transmit or sell, or exploit for any commercial purposes (i) any portion of the Site, Services, or Downloads; (ii) use of the Site, Services, or Downloads; or (iii) access to the Site, Services, or Downloads, including, without limitation, any program clips made available on the Site. ANY PERSON WHO HAS BEEN FOUND TO COPY, SELL OR DISTRIBUTE TO OTHERS ANY PROGRAM CLIPS MADE AVAILABLE ON THE SITE WITHOUT David Fernandez'S EXPRESS PERMISSION SHALL BE BARRED FROM ALL FURTHER USE OF THE SITE.
C. Use the Site, Services, and/or Downloads (as defined below in Section 3) for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offense; or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking.
D. Post, transmit, or otherwise make available any material that would violate another person's privacy or other rights, including any message containing personal phone numbers or addresses (including your own).
E. Interfere with any other user's right to privacy; or harvest or collect personally identifiable information about users of the Websites; or “stalk” or otherwise harass another.
F. Impersonate any person or entity, including, but not limited to, any David Fernandez representative; falsely state or otherwise misrepresent your affiliation with any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through the Site or Services; or express or imply that we endorse any statement you make without our prior written consent.
G. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
H. Interfere with or disrupt the Site or the Services, or the servers or networks that provide the Site and Services; or disobey any requirements, procedures, policies, or regulations of such networks.
I. Restrict or inhibit any other user from using the Site or the Services, including by means of hacking or defacing any portion of the Site or Services.
J. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, Services, or Downloads.
K. Remove any copyright, trademark, or other proprietary rights notice contained on the Site, Services, or Downloads.
L. Frame or mirror any part of the Site without David Fernandez's prior written authorization.
M. Create a database by systematically downloading and storing all or any of the content on the Site. DOWNLOADING OR COPYING ANY CONTENT FROM THE SITE IS STRICTLY PROHIBITED --unless expressly permitted by David Fernandez in writing.
N. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by David Fernandez in writing.
You understand that all information and materials available through the Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such information and materials originated. This means that you, and not David Fernandez, are entirely responsible for all materials that you upload, post, email, transmit or otherwise make available via the Services. The David Fernandez Site does not control the materials posted via the Services and therefore does not guarantee the accuracy, integrity or quality of such materials. You understand that by using the Site and the Services, you may be exposed to content that is offensive, indecent or objectionable. While using the Site, Services, and/or Downloads, you agree to comply with all applicable laws, rules and regulations. However, you acknowledge and agree that we have the right to disclose any information (including your personal contact information) to any third party in order to operate the Site or Services properly; to protect David Fernandez, the Site, our sponsors, partners, affiliates, and our members and visitors or any other party; and to comply with any legal obligations or governmental or other appropriate requests. Upon our request, you agree to sign a non-electronic version of this Agreement.
(3) OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS. The Site is owned and operated by us. You acknowledge that you do not acquire any ownership rights by using the Site. All content and material on or available through the Site (the “Site Content”), including without limitation the contents of David Fernandez's catalogue, is owned by David Fernandez or third parties. You agree that you will not challenge the respective ownership rights of David Fernandez or any third party in or to the Site Content, and that you will not use any Site Content other than for your personal access, viewing, reading or listening, unless otherwise expressly permitted in writing.
YOU MAY NOT COPY, DOWNLOAD, REPRODUCE, UPLOAD, POST, TRANSMIT OR DISTRIBUTE ANY SITE CONTENT, INCLUDING AUDIO, VIDEO AND DATA FILES, IN ANY WAY, WITHOUT OUR PRIOR WRITTEN PERMISSION. MOREOVER, THE INFORMATION IN David Fernandez's CATALOGUE IS CONFIDENTIAL AND MAY NOT BE REDISTRIBUTED OR USED IN ANY MANNER WITHOUT OUR PRIOR WRITTEN PERMISSION. FAILURE TO ABIDE BY THE AFOREMENTIONED RESTRICTIONS ON USE WILL RESULT IN DENIED ACCESS TO THE SITE.
In any instance where you are expressly permitted to download software or data files from the Site, such software and files (including without limitation any audio files, video files, data files, and any files transmitted to you as part of David Fernandez Newsletter or similar services, images incorporated in or generated by the software, and data accompanying the software) (collectively, the “Downloads”) are licensed on a limited basis to you by us or the owner of such Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we retain all right, title, and interest in and to the Downloads, and all intellectual property rights therein. You may not resell, reproduce, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form, or transmit or otherwise transfer the Downloads to any third party.
The David Fernandez Site and all associated logos and domain names are trademarks, logos, service marks, and/or domain names of David Fernandez (“David Fernandez Marks”). Other trademarks, service marks, logos, and/or domain names used on the Site (including, without limitation, the individual names of radio programs, television programs, or other entertainment shows and providers and the domain names associated therewith), may be the trademarks, service marks, logos, and/or domain names of their respective owners (“Third Party Marks”). You agree that you will not challenge the respective ownership rights of David Fernandez or any third party in or to David Fernandez Marks or the Third Party Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of David Fernandez Marks or Third Party Marks.
(4) NOTIFICATION UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an 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 us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
5. A statement that you have 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. 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.
One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. Notices and counter-notices for the Site should be sent to Copyright Complaints at firstname.lastname@example.org. Alternatively, you may contact us via U.S. mail at: 25 West 52nd Street; 12th Floor; NY, NY 10003 Attn: Administration and Legal Department. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
(6) REGISTRATION OBLIGATIONS/SCREEN NAMES.
B. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify David Fernandez of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The David Fernandez Site is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
(7) JURISDICTIONAL ISSUES. Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States, its territories, possessions and protectorates. We control and operate the Site from within the State of New York, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the 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. The Downloads are further subject to United States export controls. No Downloads may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Taliban-controlled areas of Afghanistan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Downloads, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, or other product that we provide.
(8) TERMINATION. This agreement is effective until terminated by either party. You may terminate this agreement at any time by notifying us and ceasing all use of any of David Fernandez Services or Site. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you may not make any further use of any of David Fernandez Services or Site or any materials obtained from the Site. Any provisions of this Agreement which, by their terms, ought to survive, shall survive any termination of this Agreement.
(9) DISCLAIMERS. THE MATERIALS CONTAINED ON AND/OR IN THE SITE AND SERVICES, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, SITE, OR THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. David Fernandez AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
David Fernandez AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, THE SITE, OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SITE (OR THE SERVER THAT MAKES THEM AVAILABLE) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE, AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF David Fernandez OR ITS AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, IN THE SERVICES, SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site by third parties. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. Remember that it's your responsibility to evaluate the accuracy and reliability of any opinion, advice, information, or statement available on the Site.
A possibility exists that the Site and/or Services could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site and/or Services. Although we attempt to ensure the integrity of the Site and the Services, we make no guarantees as to the Site's or the Services' completeness or correctness. In the event that such an inaccuracy arises, please inform us at email@example.com, so that we can try to correct it.
The Site contains links to third-party sites which are not under the control of David Fernandez and David Fernandez is not responsible for the content on any linked site. If you access a third-party site from our Site, then you do so at your own risk. The David Fernandez Site provides links as a convenience and the inclusion of the link does not imply that David Fernandez endorses or accepts any responsibility for the content on those third-party sites.
(10) LIMITATION OF LIABILITY. NEITHER David Fernandez NOR ITS SUPPLIERS, AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SERVICES, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SERVICES, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE, THE SERVICE, AND/OR CONTENT, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO David Fernandez AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.
(11) INDEMNIFICATION. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation, any violation of the Code of Conduct set forth in Section 2; and/or (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party.
(12) MISCELLANEOUS. This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of New York, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any and all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with David Fernandez's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
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INFORMATION THAT David Fernandez COLLECTS:
The David Fernandez Site gathers personal information about visitors to David Fernandez Site (“Site Visitors”) from four different sources: (a) personal information that individual Site Visitors provide when using or registering for full access to the Site or to use one or more of our services, including without limitation our calendar service and any forums; (b) personal and contact information that Site Visitors provide when voluntarily participating in contests, sweepstakes, and other promotions; (c) through merchandise, membership and other service purchase transactions through David Fernandez Site; and (d) information that institutions such as schools and universities provide when registering to use one or more of our services. In addition, user information may be aggregated for tracking data derived by tallying and identifying users' page views throughout our Site, by depositing and tracking cookies, by logging IP addresses, identifying browser type, and through other technologies. Such information enables us to better tailor our content to our Site Visitors' needs and to help advertisers and partners better understand the demographics of our audience. More specifically, David Fernandez may gather user information through the following processes:
- General Data Collection
To enhance your experience with our Site, some of our webpages may use “cookies.” Cookies are small text files containing information such as your preferences and other information, which David Fernandez uses to make using David Fernandez Site more enjoyable. Cookies may be used to store user information such as your user ID and login where available, and/or other information including the number and nature of pages visited by Site Visitors.
- The David Fernandez Site Newsletter
Unless you opt out as provided below, any Site Visitor who registers for full access to the Site you will automatically receive a free email subscription to the David Fernandez Newsletter and various other email updates and bulletins that David Fernandez sends out on a periodic basis containing items that David Fernandez hopes will be of interest to Site Visitors. You may remove yourself from this mailing list by visiting the “unsubscribe” link on the home page.
The David Fernandez Site may provide message boards and other forums on our Site for discussing various topics (collectively, the “Forums”). Although any Site Visitor may read postings in a Forum, only registered Site Visitors can make posts. Please note that information you post to a Forum will be available for any user of that service to read, and is therefore no longer private.
- Various Periodic Surveys/Polls
The David Fernandez Site may ask Site Visitors to participate in surveys from time to time which are typically aimed at obtaining general or demographic information about Site Visitors. Information obtained in these surveys may be connected with individual Site Visitors and is used to better market our services. Participation is voluntary.
- Sweepstakes and Contests
If you purchase products or services on our Site, David Fernandez may collect additional information from you, such as your address, phone number, payment information, or shipping information. The David Fernandez Site will not release payment information to third parties except as necessary to complete a transaction between you and such third party, or to otherwise fulfill your order. Credit card transactions are handled by a third-party service provider, which receives the credit card number and other personal information only to verify the credit card number and process transactions.
HOW David Fernandez USES AND SHARES INFORMATION:
Your information may be shared with David Fernandez's joint venturers, sponsors, partners, and licensees with whom David Fernandez has entered into sharing agreements (collectively, the “David Fernandez Partners”) in order to provide you additional products or services. The information David Fernandez collects may be combined with information collected by David Fernandez Partners to enable us to provide better service to you.
The David Fernandez Site works with third parties who provide services which may include website hosting, order processing and fulfillment, credit card clearance, e-commerce affiliation, security, data analysis, emailing, and other services of an administrative nature. Personal information, including financial information, may be shared with such third parties for the purpose of providing such services. The David Fernandez Site seeks to impose confidentiality obligations on such service providers.
LINKING TO OTHER SITES:
Please note that third parties may collect information about you, through cookies or other technologies, when you link to their websites through our Site. You acknowledge that David Fernandez does not monitor or control the information collection or privacy practices of these or any other third parties, and are not responsible for their practices or the content of their websites. The David Fernandez Site encourages you to review the privacy policies of such third parties to understand how they collect and use information.
The David Fernandez Site uses reasonable security methods to protect the data that resides on our servers. But because no security system is impenetrable, David Fernandez cannot guarantee the security of our servers. It is also possible that information you supply to us will be intercepted during transmission.
REVISIONS TO POLICY:
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