TERMS AND CONDITIONS OF USE
Your Agreement with alejandrodiaz.com, Inc.:
Welcome to the alejandrodiaz. website.
Following are the terms and conditions that govern your use of
this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A
LEGAL AGREEMENT BETWEEN YOU AND alejandrodiaz.com. ("alejandrodiaz.com"
"WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN
ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR
DOWNLOAD ANY IMAGE. BY CHECKING THE BOX THAT INDICATES
AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING
THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT
CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE
SITE.
Ownership of This Website
This website is owned and operated by
alejandrodiaz.com. All of the content featured or displayed on
this website, including, but not limited to, text, graphics,
photographs, moving images, sound, illustrations and software
("Content"), is owned by alejandrodiaz.com its licensors and
its content providers.
All elements of alejandrodiaz. websites,
including, but not limited to, the general design and the
Content, are protected by trade dress, copyright, moral
rights, trademark and other laws relating to intellectual
property rights. Except as explicitly permitted under this or
another agreement with alejandrodiaz.com or one of its
subsidiaries, no portion or element of this website or its
Content may be copied or retransmitted via any means and this
website, its Content and all related rights shall remain the
exclusive property of alejandrodiaz.com or its licensors
unless otherwise expressly agreed. You shall indemnify
alejandrodiaz.com, its subsidiaries, its affiliates and
licensors against any losses, expenses, costs or damages
incurred by any or all of them as a result of your breach of
the terms of this Agreement or your unauthorized use of the
Content and related rights.
Trademarks
"xtudio," is trademark of
alejandrodiaz.com or its subsidiaries or its licensors or
third-party content providers and is registered or pending in
certain countries.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS
IS" AND ALEJANDRODIAZ.COM EXCLUDES TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALEJANDRODIAZ.COM WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON,
OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE
UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ALEJANDRODIAZ.COM
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms
and Conditions of Use or elsewhere on this website, or as
otherwise required by applicable law, neither
ALEJANDRODIAZ.COM nor its directors, employees, licensors,
content providers, affiliates or other representatives will be
liable for damages of any kind (including, without limitation,
lost profits, direct, indirect, compensatory, consequential,
exemplary, special, incidental, or punitive damages) arising
out of your use of, your inability to use, or the performance
of this website or the Content whether or not we have been
advised of the possibility of such damages.
alejandrodiaz.com uses reasonable
efforts to ensure the accuracy, correctness and reliability of
the Content, but we make no representations or warranties as
to the Content's accuracy, correctness or reliability.
There may be links to other websites from the
alejandrodiaz.com website; however, these other websites
are not controlled by alejandrodiaz.com and we are not
responsible for any content contained on any such website or
any loss suffered by you in relation to your use of such
websites. You waive any and all claims against
alejandrodiaz.com regarding the inclusion of links to outside
websites or your use of those websites. Additionally, parties
other than alejandrodiaz.com provide services from this
website. For example, you may obtain information regarding
certain artist services through alejandrodiaz.com Professional
Directory. alejandrodiaz.com does not evaluate or warrant the
offerings or services of these parties, and does not assume
any liability for the actions, product, services, or content
of these parties.
Some US states and foreign countries do not
permit the exclusion or limitation of implied warranties or
liability for certain categories of damages. Therefore, some
or all of the limitations above may not apply to you to the
extent they are prohibited or superseded by state or national
provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed
and governed by the laws of the State of Washington, USA,
without reference to its laws relating to conflicts of law and
not including the provisions of the 1980 United Nations
Convention on Contracts for the International Sale of Goods.
Venue for all disputes arising under this Agreement shall lie
exclusively in the Superior Courts of the State of Washington
in King County. Users of this website agree that any and all
disputes arising from the use of this website, or the ordering
of materials from this website, shall be settled by binding
arbitration. Notwithstanding the foregoing, however,
alejandrodiaz.com shall have the right to commence and
prosecute any legal or equitable action or proceeding before
any non-US court of competent jurisdiction to obtain
injunctive or other relief in the event that, in the opinion
of alejandrodiaz.com, such action is necessary or desirable.
No Waiver, Severability
No action of alejandrodiaz.com other than an
express written waiver or amendment, may be construed as a
waiver or amendment of any of these Terms and Conditions of
Use. Should any clause of these Terms and Conditions of Use be
found unenforceable, wherever possible this will not affect
any other clause and each will remain in full force and
effect.
We reserve the right to change these Terms and
Conditions of Use prices, information and available
contractual license terms featured on this website without
notice. These conditions set out the entire agreement between
alejandrodiaz.com and you relating to your use of this
website.
© 2005 alejandrodiaz.com, Inc. All rights
reserved. Terms and Conditions of Use.
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