PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MAPR.ORG
This site and all content, information and services accessible through it ("MAPR.ORG") is made available by Museo de Arte de Puerto Rico, Inc., a Puerto Rico non-profit Corporation, ("MAPR"), and may be used only under the following terms and conditions.
BY ACCESSING AND USING MAPR.ORG, YOU ("User") AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement").
1.1 Allows. User is granted a non-exclusive, non-transferable, revocable, limited license to access and use MAPR.ORG on any single computer for personal, non-commercial use. MAPR may terminate this license without notice at any time and for any reason.
1.2 Limitations. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use MAPR.ORG, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with MAPR's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). User may not alter or modify information and services provided through MAPR.ORG in any way.
User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of MAPR.ORG, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy MAPR.ORG without MAPR's prior written permission
1.3 Intellectual Property Rights. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User acknowledges that MAPR.ORG is protected by copyrights, trademarks, service marks and other proprietary rights and laws.
2 Registration. Certain sections of MAPR.ORG may require registration to access and use information and services. If User elects to register, User agrees to provide MAPR with accurate, complete registration information. User will inform MAPR of any changes to registration information. User warrants that registration is for a single person only, and that User will not permit anyone other than User to access and use sections of MAPR.ORG requiring registration.
3 Publication and Use of Interactive Services.
3.1 Grant of License. By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials ("Posted Materials") to MAPR, including messages posted on message boards and materials published in directories on MAPR.ORG, User automatically grants, or warrants that the owner of the following rights has expressly granted, to MAPR, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed.
3.2 Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on MAPR.ORG which are unlawful or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law or regulation. MAPR may delete any of User's Posted Materials at any time, without User's permission.
3. 3 Posted Materials Attributed & Truthful. Posted Materials submitted for publication on MAPR.ORG will be accompanied by User's name and shall not be submitted anonymously. User warrants that such Posted Materials will not misrepresent his or her identity or affiliation with any person or entity.
3.4 No MAPR Obligation to Monitor. MAPR has no obligation or intent to edit, monitor or screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials. MAPR may examine MAPR.ORG for adherence to the Agreement and remove any materials that may be objectionable or violate the Agreement.
3.5 Commercial Use Prohibited. Services on MAPR.ORG that allow User to contact, communicate or interact with other users, MAPR or MAPR affiliates and customers ("Interactive Services") are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Materials delivered through Interactive Services without the express written permission of MAPR.
4 Third Party Content. Third party content, messages and services may appear on MAPR.ORG or may be accessible through links from MAPR.ORG. MAPR is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from MAPR.ORG. User acknowledges that the information and opinions in the third party content are neither endorsed by nor reflect the beliefs of the MAPR.
5 Advertisers & Sponsors. User acknowledges that MAPR.ORG may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on MAPR.ORG is accurate and complies with any and all applicable laws. User agrees that MAPR will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
6 DISCLAIMER OF WARRANTIES. MAPR.ORG IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAPR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. MAPR MAKES NO WARRANTY THAT ACCESS TO MAPR.ORG OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MAPR DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF MAPR.ORG, INCLUDING BOTH MAPR AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH MAPR.ORG, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN MAPR.ORG, (C) THE UNAVAILABILITY OF MAPR.ORG OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF MAPR.ORG.
7 LIMITATION OF LIABILITY. USER'S EXCLUSIVE REMEDY AND MAPR'S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF MAPR.ORG WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC MAPR.ORG FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL MAPR, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE MAPR.ORG PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY MAPR, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON MAPR.ORG DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE MAPR.ORG, EVEN IF MAPR, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAPR SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
8 Limitation of Claims. Except for claims relating to improper use of MAPR.ORG, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
10 Entire Agreement. This Agreement embodies the entire understanding between User and MAPR with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
11 Force Majeure. MAPR's performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
12 General Provisions. This Agreement will be governed by and construed under the law of the Commonwealth of Puerto Rico without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in San Juan, Puerto Rico will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without MAPR's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.