1 - Acceptance:
2 - Website "MSCommodin Group":
3 - Web Site Access
a. Hereby, "MSCommodin Group" authorize you to use the Website as established in these Terms of Service, provided that you: (i) make use of the Site for personal, noncommercial use only, (ii) abstain to copy or distribute any part of the Website in any media channel without prior written consent of "MSCommodin Group", (iii) do not alter or modify any part of the Website, and (iv) comply with the terms and conditions of the Terms of Service.
b. You agree not to use or launch any automated system, including without limitation "robots", "spiders", "offline readers" [offline readers], etc., that access the Website in a manner that sends more request messages to the servers of "MSCommodin Group" for a given period of time than a human can reasonably send using a web research engine during the same period.
4 - Information to Post.
Once you have entered the website "MSCommodin Group" and clicked on the option enabled to reach our servers your photos and / or videos, you may, after binding acceptance of these Terms of Service, send the aforementioned photos and / or videos. In its sole discretion, may enter their personal identification data such as name and surname.
5 - Reservation of Rights.
"MSCommodin Group" reserves the right, in its sole discretion, to reject, remove, refuse to post, restrict, suspend or terminate your access to all or any of the Services of "MSCommodin Group" at any time, with or without cause, with or without notice and without incurring any liability whatsoever.
i. Time limit. This will remain valid while you use the Services of "MSCommodin Group".
ii. No commercial use. Contents of "MSCommodin Group" are for personal use and may not be used in connection with any commercial activities except those that are specifically authorized or approved by "MSCommodin Group". It prohibits any illegal and / or unauthorized use of the contents of "MSCommodin Group", such as the collection of email addresses or cell phone numbers by electronic means or otherwise to send unsolicited email, unauthorized placement of frames on the Website "MSCommodin Group" or making a link with the latter. It will take appropriate legal action for any illegal or unauthorized use of the Services "MSCommodin Group".
iii. Proprietary Rights of "MSCommodin Group" Content. "MSCommodin Group" does not attribute or hold property rights in the texts, files, images, photos, videos, sounds, works of authorship or on any other material that you send to Website "MSCommodin Group" for publication. After submitting your Content to the Website of "MSCommodin Group", you still have all ownership rights in such Content. By submitting any Content to the Website of "MSCommodin Group", you grant "MSCommodin Group" a license - to use, modify, publicly display, reproduce and distribute such Content – in Website "MSCommodin Group". The license you grant to "MSCommodin Group" is non-exclusive (meaning that you can license your Content to anyone else besides "MSCommodin Group") which implies that "MSCommodin Group" is not required to pay you for the use in the Web Site of "MSCommodin Group". The license does not grant "MSCommodin Group" the right to sell or distribute your Content outside the Services "MSCommodin Group" under this clause.
iv. You declare and guarantee that: (i) you own the Content you submit to the Servers of "MSCommodin Group" or in other way has the right to grant the license referred to in this Article, and (ii) the content sent for publication in the Web Site of "MSCommodin Group" does not violate the privacy rights, publicity, copyright, contract rights or any other rights of any person. You agree to pay all royalties, fees and other amounts to be paid to any person for any Content submitted by you to the Site "MSCommodin Group".
6 – Use of site content:
a. "MSCommodin Group" may abstain from publishing without incurring obligations any Content submitted by you, an exclusive criteria of "MSCommodin Group" according to ethical parameters, violates what is defended here or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. "MSCommodin Group" does not assume responsibility for monitoring the Services of "MSCommodin Group" in order to detect any Content or misconduct. Although at some point "MSCommodin Group" chooses, in its sole discretion, to control services "MSCommodin Group", "Group MSCommodin" assumes no responsibility for the content and not responsible for the conduct of the user submitting any such Content.
b. You are solely responsible for the content you submit to the Website of “MSCommodin Group”.
7 - Content / Activity Prohibited:
The following is a list not limited to Content that is considered illegal or that "MSCommodin Group" abstain from posting on the Web Site of “MSCommodin Group”. “MSCommodin Group” reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision. Prohibited Content includes, but not limited to, any Content that, in the sole discretion of "MSCommodin Group":
Is clearly offensive and promotes racism, intolerance, hatred or physical harm of any kind against any group or person.
Provides phone numbers, addresses, last names, URLs or email addresses.
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, harmful, obscene, defamatory. Involves the transmission of spam ["junk mail"], letters or unsolicited mass mailing, instant messaging or other similars ["spimming", "spamming"]. Promotes or encourage illegal activity or enterprise or instruct about illegal activities, including but not limited to, violation of individual privacy or sending or creating computer viruses.
Asks other users personally identifiable information for commercial or unlawful purposes.
Involves commercial activities and/or sales without our prior written consent such as contests, advertising, or pyramid schemes.
The following is a list not limited to the type of activity that is illegal or prohibited on the Website of "MSCommodin Group" and the use of contents of "MSCommodin Group". "MSCommodin Group" reserves the right to investigate and take appropriate legal action against anyone who, in the sole judgment of "MSCommodin Group", violates this provision, including, without limitation, reporting it to the proper legal authorities.
Prohibited activity includes, but not limited to:
Criminal or illegal activities, including, fraud, harassment, persecution, sending spam ["spamming", "spimming"], computer viruses or other harmful files , copyright infringement, patent infringement, or theft of trade secrets.
Mask or obscure commercials ["banner advertisements"] on any page of "MSCommodin Group" via HTML / CSS or any other means.
Use any information obtained from the Services "MSCommodin Group" in order to harass, abuse, or harm another person.
Accepting payment or anything of value from a third person in exchange for your performing commercial activity in Services "MSCommodin Group" or through the same on behalf of that person.
Use Services "MSCommodin Group" contrary to the laws and regulations.
8 - Intellectual Property Rights:
With the exception of material submitted by the User (as defined below), the contents of the Web Site "MSCommodin Group", including texts, softwares, scripts, graphics, photos, sounds, videos, interactive content and similars (the "Content ") and the trademarks, service marks and logos ("Marks") are owned by "MSCommodin Group" or have been granted to it under license, and are subject to copyright or other intellectual property rights under Argentinean law, foreign law and international conventions. The Web Site CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE” for information purposes and for personal use only and may not be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited to any other way or for any other purpose without the prior written consent of the respective owners. "MSCommodin Group" also reserves all rights not expressly granted to the Website. You agree not to use, copy or distribute the Content except as expressly authorized hereby, including the use, copying or distribution of third party materials sent by the user obtained through the Web site for commercial purposes. If you download or print a copy of the Content for personal use, you must keep all copyright notices and other proprietary rights that are displayed. You agree not to bypass, disable or interfere with the security content of the Website "MSCommodin Group" or the contents that prevent or restrict use or copying of any Content.
9 – User postings:
bb. Extending article 6 it is established that the Website "MSCommodin Group" may, now or in the future, allow submission of videos or other communications by you and other users ("Material Submitted by Users"). You understand that whether the User Submission is published or not, "MSCommodin Group" does not guarantee any confidentiality with respect to such submitted material. cc. You are solely responsible for your own user-submitted material and the consequences of submitting or sending for publication such material. Regarding the material submitted by the User, you declare and/or warrant that: (i) you own or have all necessary licenses, rights, consents and permissions required for use, and authorizes "MSCommodin Group" to use all patents, trademarks, copyrights or other intellectual property rights on the material sent by you so that "MSCommodin Group" may include or use this material in accordance with the procedure provided in the Website and in these Terms of Service, and (ii) have consent, authorization and / or written permission from each person appearing in the material sent by the user in order to use the name or other similar identification for such person for the purpose of allowing the publication of material submitted by the User and that can make use of it in accordance to the procedure provided in the Website and in the Terms of Service. For the purpose of avoiding confusion, you retain all ownership rights to the material submitted by the User. However, in sending the material to "MSCommodin Group", you hereby grant to "MSCommodin Group" a worldwide, non-exclusive, royalty-free, sub-granting susceptible and transferable license to use, reproduce , distribute, prepare derivative works of, display and perform the presentation of material submitted by the User in connection with the Website "MSCommodin Group" and the business of "MSCommodin Group" (and its successors), including among others, the promotion and redistribution of all or part of the content in any media formats and through any channel. This license will terminate once "MSCommodin Group" remove or delete the material submitted by the User in Web Site "MSCommodin Group".
dd. Regarding the material sent by the user, you agree not to: (i) submit material that is protected by copyrights, trade confidencial material or that somehow would be subject to third party proprietary rights, unless you are owner of such rights or with permission from the owner to post the material and to grant "MSCommodin Group" all license rights granted under this, (ii) submit false information or misrepresentation that may cause damage to "MSCommodin Group" or third parties, (iii) submit material that is unlawful, obscene, libelous, defamatory, threatening, pornographic, harassing, hateful, offensive from the standpoint of racial or ethnic origin, which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is inadequate in some other aspect, (iv) send commercial messages or offerings, (v) impersonate another person. "MSCommodin Group" does not endorse the material sent by the user, nor any opinion, recommendation, or advice expressed therein, and expressly disclaims all liability emerging User-Submitted Material. "MSCommodin Group" does not allow activities that violate copyright or violation of intellectual property rights within its Web Site, and seep into prior to publication all Content and User Submission if such Content or Material By User violates the intellectual property rights of others. "MSCommodin Group" reserves the right to filter and edit your journalistic criteria under the content and material sent by the user without notice. "MSCommodin Group" will also terminate a User's access to its Website, if it is confirmed that the user has engaged in repeated violations. "MSCommodin Group" reserves the right to decide whether Content or User Submitted Material is appropriate and complies with these Terms of Service incur no other violations in addition to the violation of copyright and intellectual property, as be, among others, pornography, obscene or defamatory material, or excessive length.
10 – Copyrights
You may not post, modify, distribute or reproduce in any way any material protected by copyright, trademark or other proprietary information belonging to others without obtaining the prior written consent of the owner of such rights. It is the policy of "MSCommodin Group" to filter and not publish such Content. If you believe that your work has been copied and posted on the Web Site "MSCommodin Group" in violation of copyright, please report them to our Copyright Representative with the following information: (i) an electronic signature or physical conduct of a person authorized to act on behalf of the copyright owner, (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where it is located the material that you claim is in violation, (iv) your address, telephone number and email address, (v) a written statement in which you demonstrate your good faith and belief that the use is questioning not to have authorization from the copyright owner, its agent, or the law; (vi) a statement, made under penalty of perjury, stating that the said information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. To report claims regarding copyright infringement, you may contact the Representative of Copyright of "MSCommodin Group" Email: firstname.lastname@example.org
11 - DISCLAIMER:
The Reports, advice and other information available on our website are either of a general nature, or for specific circumstances. The Allen Consulting Group Pty. Ltd. is not liable for any loss or damage incurred by any person using or relying on such reports, advice or information, except where created by the Allen Consulting Group expressly for that person. "MSCommodin Group" Content is provided “AS IS”, and appear to the extent that they are available and "MSCommodin Group" expressly disclaims any warranty of no violation or fitness for a particular purpose. "MSCommodin Group" can not guarantee and does not promise any specific results through use of the "MSCommodin Group" Content.
12 - Limitation of Responsibility:
Under no circumstances "MSCommodin Group", its officers, directors, employees or agents shall be responsible for any direct, indirect, incidental, special or punitive damages that could be caused by (i) errors or inaccuracies in the content, (ii) damage any kind to people or property arising out of your access to our web site, (iii) any unauthorized access or use to our secure servers and / or personal information and / or financial information stored on that server, (iv) any interruption or cessation of transmission to or from our website, (iv) any "bug" virus, Trojan or similar viruses that may be transmitted by any third party or from our website, and / or (v) any errors or omissions in the content, loss or damage of any kind that may be suffered as a result of the content sent out and published or otherwise made available via the website "MSCommodin Group" that had support in a security contract or any other legal theory, regardless of whether the company was warned about the possibility that there are any such damages. The above limitation should apply to the extent that the law in any jurisdiction authorizes. In particular, you acknowledge that "MSCommodin Group" is not responsible for materials posted by you or for conduct defamatory, offensive or illegal third party, and you assume all risk of harm or impairment caused by the material or conduct. This website is controlled and brought to you by "MSCommodin Group" from its facilities in Argentina. "MSCommodin Group" fails to state that the website "MSCommodin Group" is appropriate for other places. Those who access the web site "MSCommodin Group" or make use of it from other jurisdictions do so at their own desire and are responsible for compliance with local laws.
13 - Indemnity:
You agree to defend, indemnify and hold harmless of "MSCommodin Group", its parent company, its directors, employees or agents against any claims, damages, obligations, losses, liabilities, costs or expenses (including, among others, the attorneys fees) which may arise as a result of (i) your use of the website "MSCommodin Group" or access thereto, (ii) your violation of any provision of these terms of service, (iii) violation by you of the rights of others, including, among others, copyright, privacy or property, or (iv) any claim for damage to third parties arising from the material sent by the user of the property. These defense and indemnification obligations survive even once extinct these terms of service or after their use of the website "MSCommodin Group".
14 - Ability to accept the terms of service:
You declare to have full capacity to accept the terms, conditions, obligations, representations and statements contained in these conditions. You further agree to respect and comply with these conditions.
15 - Assignment:
You shall not assign or transfer these Terms of Service and the rights and licenses granted under it; however, "MSCommodin Group" may assign such rights and license unrestrictedly.
16 - General:
These conditions are accepted at the time you use the Website "MSCommodin Group" or any of the Services "MSCommodin Group" provide. These Terms apply between you and "MSCommodin Group" regarding the use of the Services of "MSCommodin Group". The fact that "MSCommodin Group" does not exercise a right or does not require fulfillment of a provision shall not be construed as a resignation of such right. The titles of the articles of these conditions have been included for convenience only and have no legal or contractual effect. You agree that (i) the website "MSCommodin Group" is based only on the City of Columbus, Argentina and (ii) the website "MSCommodin Group" is a passive website that does not result in you exercising personal jurisdiction at "MSCommodin Group", in special character or general, in jurisdictions other than those of the City of Columbus. These Terms of Service will be governed by the laws of Argentina, without regard to principles of private international law. Any claim or controversy that may arise between you and "MSCommodin Group" as a result of the use of all or part of the website "MSCommodin Group" shall be decided only by the competent ordinary courts of the city of Columbus, Argentina. These conditions, together with the privacy notice that is in "MSCommodin Group" and other legal notices published by "MSCommodin Group" on the website constitute the entire agreement between you and "MSCommodin Group" in all aspects website concerning "MSCommodin Group". If any provision of these Terms of Service will be invalid under a judicial declaration by a competent court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force. No resignation of any term of the Terms of Service shall be construed as a continuing resignation or subsequent to such condition or other conditions. Also, the lack of exercise of some right or provision of these terms of service by "MSCommodin Group" shall not constitute a resignation of such right or provision. "MSCommodin Group" reserves the right to modify these Terms of Service at any time and without notice, and you will be responsible for reviewing these terms of service to see if there are any changes. If you make use of the website after "MSCommodin Group" produced the modification of these conditions, such use implies your acceptance of the amended terms. Please contact us with any questions email@example.com related to these Terms of Service.
17 - I HAVE READ THE TERMS OF SERVICE AND ADHERE TO ALL CLAUSES CONTAINED HEREIN.